Resolution ResDH(2006) 10

concerning the judgment of the European Court of Human Rights of 19 February 2004 (Friendly settlement) in the case of Martin against the United Kingdom

(Adopted by the Committee of Ministers on 22 February 2006 , at the 955th 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 final judgment of the European Court of Human Rights in the Martin case delivered on 19 February 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 63608/00) against the United Kingdom , lodged with the European Court of Human Rights on 11 September 2000 under Article 34 of the Co n vention by Mrs Jannette Martin, a British national, and that the Court declared admissible the complaint concerning the covert surveillance of the applicant ’ s home for several months in 2000, following a complaint lodged against her and her family by their neighbours;

Whereas in its judgment of 19 February 2004 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its P rotocols, decided unanimously to strike the case out of its list and took note of the parties ’ undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of the United Kingdom would pay the applicant, the sum of 4 000 pounds Sterling in respect of non-pecuniary damage and 7 050 pounds Sterling to be paid to her solicitors in respect of costs and expenses, within three months as from the delivery of the judgment, and that simple interest would be payable on those sums at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points from the expiry of the above-mentioned three months until settlement;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the P resident shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

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

Having satisfied itself that on 29 April 2004 within time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sums provided in the friendly settlement and that no other measure was required in the present case to conform to the Court ’ s judgment,

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