Resolution ResDH(2006)61 concerning the judgment of the European Court of Human Rights of 5 November 2002 (final on 27 January 2003) in the case of P ietiläinen against Finland

(Adopted by the Committee of Ministers on 2 November 2006, at the 976th meeting of the Ministers ' Deputies)

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 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the P ietiläinen case delivered on 5 November 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the judgment of the Court became final on 27 January 2003 since at this date the government of the respondent state was informed that the request for a re-hearing before the Grand Chamber had been dismissed;

Recalling that the case originated in an application (No. 35999/97) against Finland, lodged with the European Commission of Human Rights on 29 April 1997 under former Article 25 of the Co n vention by Mr Aaro P ietiläinen , a Finnish national, and that the Court, seised of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the complaint concerning the excessive length of certain criminal proceedings against him;

Whereas in its judgment of 5 November 2002 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 1 700 euros in respect of non-pecuniary damage; 10 000 euros in respect of costs and expenses plus any tax that may be chargeable on the above amounts and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant ' s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 5 November 2002, having regard to Finland ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state considered that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the courts concerned of the requirements of the Convention, and accordingly, the Court ' s judgment was rapidly sent out to them;

Having satisfied itself that on 26 April 2003, within the time-limit set, the government of the respondent state had paid the a p plicant the sums provided for in the judgment of 5 November 2002,

Declares, after having examined the information supplied by the Government of Finland, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.