Resolution CM/ ResDH(2007)9 [1]

Execution of the judgment of the European Court of Human Rights Calleja against Malta

(Application No. 75274/01, judgment of 7 April 2005, final on 7 July 2005)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter referred to as “the Convention” and “the Court”);

Having regard to the judgment in this case, transmitted once it had become final by the Court to the Committee on 7 July 2005;

Recalling that the violations of the Convention found by the Court in this case concern the excessive length of detention on remand and of certain criminal proceedings (violation of Article 5, paragraph 3, and Article 6, paragraph 1), (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with Malta ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ' s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing new, similar violations;

Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix;

DECLARES that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and DECIDES to close its examination.

Appendix to Resolution CM/ ResDH(2007)9

Information about the measures to comply with the judgment in the case of

Calleja against Malta

Introductory case summary

The case concerns the excessive length of the applicant ' s detention on remand, from May 1996 to April 2001 (4 years, 10 months) in the absence of any adequate reason to justify it (violation of Article 5, paragraph 3).

The case also concerns the excessive length of the criminal proceedings (from May 1996 to October 2004, i.e. a total of 7 years, 8 months) (violation of Article 6, paragraph 1).

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

Non-pecuniary damage

Costs and expenses

Total

5 000 €

4 832 €

9 832 €

b) Individual measures

None (proceedings closed).

II. General measures

In the light of the findings of the Court, the case does not reveal any structural problem. All judgments of the European Court against Malta are automatically sent out to competent authorities and are publicly available via the website of the Ministry of Justice and Home affairs ( www.http://www.bmj.de>mjha.gov.mt/ministry/links.html ) which provides a direct link to the Court ' s website.

[1] Adopted by the Committee of Ministers on 28 February 2007 at the 987th meeting of the Ministers’ Deputies