Resolution ResDH(2005) 120

concerning the judgment of the European Court of Human Rights of 2 October 2001 (Friendly settlement) in the case of Duyonov and others against the United Kingdom

(Adopted by the Committee of Ministers on 14 December 2005 at the 948th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection 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 case of Duyonov and others delivered on 2 October 2001 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. 36670/97) against the United Kingdom, lodged with the European Commission of Human Rights on 27 May 1997 under former Article 25 of the Co n vention by German Duyonov, Alexy Mirza, Vadim Sprygin and Nikolai Ivanov , four Georgian nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the refusal of the Gibraltar authorities to grant the applicants legal aid and the right to appeal before the Privy Council;

Whereas in its judgment of 2 October 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, 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 applicants the global sum of 5 000 pounds Sterling, upon notification of the judgment;

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 President 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 18 July 2001 the government of the respondent state had paid the applicants the sum agreed in the friendly settlement and that no other measure was required in the present case to comply with 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.