Resolution ResDH(2005) 74

concerning the judgment of the European Court of Human Rights of 6 July 2004 (final on 6 October 2004) in the case of Dondarini against San Marino

(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 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 judgment of the European Court of Human Rights in the Dondarini case delivered on 6 July 2004 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 50545/99) against San Marino, lodged with the European Court of Human Rights on 29 June 1999 under Article 34 of the Co n vention by Mr Luciano Dondarini , an Italian national, and that the Court declared admissible the complaint concerning the unfairness of criminal proceedings against the applicant which led to his conviction in 1999 to 2 years, 6 months ' imprisonment, without having been heard by the deciding judge in a public hearing at appeal, in conformity with the law applicable at the time ;

Whereas in its judgment of 6 July 2004 the Court unanimously:

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

- held that the present judgment constituted sufficient reparation for the non-pecuniary damage sustained;

- 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, 3 000 euros in respect of costs and expenses and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points should 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 6 July 2004, having regard to San Marino ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of this cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to make it possible for the applicant to request the reopening of the unfair proceedings (following the entry into force of a new law on 27 June 2003) as well as to avoid new violations of the same kind as that found in this case, in particular the introduction in the law of the possibility for a defendant to be personally and publicly heard by the deciding judge in criminal proceedings at first instance and at appeal (see Resolution ResDH(2004)4 adopted on 24 February 2004 in the Stefanelli case);

Having satisfied itself that on 22 November 2004, within the time-limit set, the government of the respondent state had paid the a p plicant the sum provided for in the judgment of 6 July 2004,

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