Resolution ResDH(2005) 66

concerning cases relating to excessive length of criminal proceedings in Greece (case of Tarighi Wageh Dashti against Greece and 7 others – see Appendix)

(Adopted by the Committee of Ministers on 18 July 2005 at the 933rd meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of former Articles 32 and 54 and of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundamental Freedoms as amended by P rotocol No. 11 (hereinafter referred to as “the Convention”);

Having regard to the Committee ' s decisions adopted under former Article 32 of the Convention in the cases of Tarighi Wageh Dashti and Stamoulakatos No. 1;

Having regard to the judgments of the European Court of Human Rights in the case of P hilis No. 2 and in other cases (see Appendix), transmitted to the Committee of Ministers once they become final under Article 44 and 46 and former Article 54 of the Convention;

Recalling that all these cases originated in applications lodged, either before the European Commission on Human Rights under former Article 25, or before the Court under Article 34, against Greece and that the European Commission or the European Court declared admissible the applicants ' complaints relating to the excessive length of criminal proceedings (combined with civil action for damages in the Anagnostopoulos case);

Recalling that the Committee of Ministers or the European Court subsequently held in all these cases that there had been violation of Article 6, paragraph 1, as a result of the excessive length of criminal proceedings and awarded the applicants different sums as just satisfaction (see Appendix);

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention, which Rules are applicable by decision of the Committee of Ministers to cases under former Articles 32 and 54;

Having invited the Greek government to inform it of the measures which had been taken in consequence of the aforementioned decisions of the Committee of Ministers and judgments of the European Court, having regard to Greece ' s obligation under former Articles 32 and 53 and under Article 46 of the Convention to abide by them;

Having satisfied itself that the Greek government paid the applicants the sums awarded by the Committee of Ministers or by the European Court as just satisfaction (see Appendix);

Considering the information provided by the Greek government as regards the general measures taken to prevent new violations of the same kind as those found in the present cases (see Appendix);

Declares, after having examined the information supplied by the Greek government, that it has exercised its functions under Article 46, paragraph 2, and former Articles 32 and 54 of the Convention in these cases.

Appendix I to Resolution ResDH(2005)66

Information provided by the Government of Greece concerning the measures taken to comply with the findings of the ECHR organs

Case

Application

No.

Date of the

CM decisions/ interim resolution/

judgments

Amounts awarded

by the Committee of Ministers/Court

Time-limit

for payment

Date of payment

Default interest

Tarighi Wageh Dashti Ali

24453/94

Decisions of 28/01/97 and of 22/04/98

Non-pecuniary damages: 700,000 drachmas

22/07/98

10/08/98

Waived by the applicant

Stamoulakatos Nicholas No. 1

32857/96

IntResDH(99)49 18/01/99 and decision of 03/12/99

Non-pecuniary damages:

1,500 pounds sterling

03/03/00

28/05/00

Waived by the applicant

P hilis Nicholas No. 2

19773/92

Judgment of 27/06/97

Non-pecuniary damages: 1,500,000 drachmas; Costs and expenses: 2,000,000 drachmas less 17,750 French francs

27/09/97

23/10/97

P aid

P ortington P hilip

28523/95

Judgment of 23/09/98

Cost and expenses: 15,000 pounds sterling less 14,549 French francs

23/12/98

07/01/99

Waived by the applicant

Agga Mehmet

37439/97

Judgment of 25/01/00

Non-pecuniary damages: 2,000,000 drachmas; Costs and expenses: 300,000 drachmas

25/07/00

11/10/00

P aid

P apazafiris Athanasios

55753/00

Judgment of 23/01/03

Non-pecuniary damages: 4,500 euros; Costs and expenses: 2,000 euros

23/07/03

30/06/03

-

Ipsilanti Zoe

56599/00

Judgment of 06/03/03

-

---

---

---

Anagnostopoulos Dionysios

54589/00

Judgment of 03/04/03

None---

---

---

All the criminal proceedings at issue were concluded by the time of delivery of the Court ' s judgments.

In response to the violations found in these cases, a number of measures have been taken by Greece with a view to accelerating criminal proceedings. The major legislative reform was adopted in Law 3160/2003 on the acceleration of criminal proceedings, which was very much inspired by the European Court ' s case-law. Further measures were adopted through Law 3346/2005. The most important changes introduced are the following:

1. Changes in courts ' jurisdiction, organisation and case management

Law 3346/2005 (Article 2) amended the Court Administration Code and provided that in the first instance and appeal courts of Athens, P iraeus and Thessaloniki, (courts having the largest caseloads in Greece) specific judges shall be affected solely to conducting criminal proceedings with a view to their acceleration. Their initial term office may be of one or two years and may be renewed for a further year.

Cases arising out of the vast majority of the offences for which the minimum sentences provided for by law are less than 3 months ' imprisonment will be henceforth examined by single-member criminal courts of first instance. Thus higher criminal courts have been spared the excessive workload relating to a large number of minor offences (Article 8 of Law 3160/2003, amending Article 114 of the Code of Criminal P rocedure - CCr P ).

Law 3160/2003 has increased the number of criminal and civil judges ' posts by 237 as from 1 July 2003 (Article 58§3), while Law 3258/2004 increased the number of criminal and civil judges ' posts by 24 as from 29 July 2004 (Article 3§1). Moreover, since 2000 the Athens Appeal Court, proceedings before which were at issue in four of the present cases, has been housed in a new building with 22 court rooms and 500 offices (compared to 10 and 150).

Finally, a project to computerise of all criminal courts is under way. P riority has been given to the criminal courts of first instance in the major cities of Athens, P iraeus and Thessaloniki, as well as to the prosecution services in Athens. It also aims at the direct on-line connection of the prosecution services with the criminal courts and the improvement of courts ' legal data bases to give judges more rapid and easier access.

2. Changes in preliminary investigation and prosecution procedure

New time-limits for preliminary investigations

A time-limit has been set for preliminary investigations. This initial stage of criminal proceedings should not exceed 4 months. An extension of this period for 4 more months is allowed only for “exceptional reasons” (Article 2, paragraph 2, of Law 3160/2003, new Article 31, paragraph 3, CCr P ). During the preliminary investigation, in accordance with the European Court ' s case-law, the accused has the right to be present together with a lawyer, to keep silent and to prepare his statement within a 48-hour time-limit (Article 2, paragraph 1, of Law 3160/2003, amending Article 31, paragraph 2, CCr P ).

Following the indictment, the investigation period should not exceed 6 months. This period may be extended for 4 months, only when “exceptional reasons” occur (Article 11, paragraph 3, of Law 3160/2003, new Article 243, paragraph 4, CCr P ). In cases of felonies the investigation may be concluded or discontinued on the prosecutor ' s order (Article 12, paragraph 1, of Law 3160/2003, amending Article 245, paragraph 1, CCr P ). Exceptional criminal cases may now advance speedily since the Court of Cassation prosecutor may prioritise them and order a criminal investigation and a trial (Article 4 of Law 3160/2003 amending Article 35 CCr P ).

Extension of the prosecutor ' s competence to discontinue prosecution

Under earlier legislation, a prosecutor could withdraw a case from the roll if he concluded that it was inadmissible or manifestly ill-founded. Under the new law (Article 5 of Law 3160/2003, amending Article 43 CCr P ) a prosecutor may also withdraw a case if, after a preliminary investigation, he concludes in a reasoned decision, that there is insufficient evidence to prosecute. This provision aims to avoid overburdening courts with unsubstantial applications, and to keep criminal courts from adjudicating cases in which the charges are not supported by sufficient evidence.

3. New rules for proceedings before criminal courts

Limitation of trial adjournments

Under Law 3160/2003 and Law 3346/2005 (amending Article 349, paragraph 1, CCr P ), adjournment of a trial is allowed only on “important grounds” specifically described in the judicial decision. Only for an important reason may criminal courts interrupt the trial for 15 days. Interruption (shorter than an adjournment) of the trial is in principle allowed only twice. Adjournment for a second time is allowed on condition that the court provides specific reasons in its decision showing that the problem that has occurred is so important that it cannot be dealt with by the court during the trial. Adjournment for a third time is proscribed unless the conduct of the trial is impossible according to a relevant “detailed and reasoned” court decision.

New rules on the presence of the accused in the court room

In addition, in order to reduce adjournments, Law 3160/2003 and Law 3346/2005 (amending Article 340 CCr P ) extended the categories of offences (to include all minor offences) for which the physical presence of the accused at the trial is not required, but he or she may be represented by a lawyer. The court maintains the power to order the presence of the accused, especially when it considers the latter ' s pleading significant for the case under adjudication. The Greek government would like to stress that this provision has been inspired by and founded upon Article 6§3c of the Convention and the relevant case-law of the European Court (see introductory report to the relevant Bills).

4. Other measures reducing court backlogs

Law 3346/2005 (Article 31) introduced the prescription and termination of prosecution relating to some minor offences, entailing maximum penalties of one year ' s imprisonment and/or a pecuniary penalty, if committed before the publication of this Law (17 June 2005). Also, Law 3160/2003 (Article 56) and Law 3346/2005 (Article 27) extended the categories of offences mainly against property for which the accused is not punished if, before the start of the evidentiary procedure at first instance, he pays the victim the capital and the interest due on account of the damage caused by the offence and this is declared by the victim of his heirs.

The Government considers that the measures adopted by Greece will prevent new violations similar to those found in the present cases and that, consequently, Greece has satisfied its obligations under Article 46 (former Articles 32 and 53) of the Convention.