Final Resolution ResDH(2004)83

concerning the unfairness proceedings for compensation, following acquittal, for detention on remand (Applications No. 32397/96, Sinnesael v. Greece , and No. 34373/97, Goutsos v. Greece )

(Adopted by the Committee of Ministers on 22 December 2004 at the 906th meeting of the Ministers ' Deputies) [1]

The Committee of Ministers, under the terms of former Article 32 of the Convention for the P rotection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolutions DH(99) 1 30 and DH(99)558 adopted on 1 9 February 1 999 and on 8 October 1 999 respectively in the cases of Sinnesael and Goutsos, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1 , of the Convention on account of the unfairness of proceedings before the Courts of Appeal of Thrace and of Crete, respectively, which had delivered proprio motu , without hearing the applicants (both persons acquitted in criminal proceedings), and without providing adequate reasons, final decisions refusing them any right to compensation for the period they spent in detention on remand; and also decided to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by letters of the P resident of the Commission dated 16 December 1 998 and 27 September 1 999;

Whereas at the 666th and the 688th meetings of the Ministers ' Deputies, the Committee of Ministers, agre e ing with the Commission ' s proposals, held by decisions adopted on 1 5 April and 3 December 1 999, in accordance with former Article 32, paragraph 2, of the Convention, that the Greek government was to pay the applicants, within three months, the following amounts as just satisfaction:

- to Mr Andy Sinnesael: 3 000 000 drachmas in respect of non-pecuniary damage and 803 088 drachmas in respect of costs and expenses, namely a total sum of 3 803 088 drachmas;

- to Mr Christos Goutsos: 1 000 000 drachmas in respect of non-pecuniary damage and 500 000 drachmas in respect of costs and expenses, namely a total sum of 1 500 000 drachmas;

and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of these decisions, it being understood that the interest would accrue from the expiry of the time-limit until full payment was plac ed at the disposal of the applicants;

Whereas the Committee of Ministers invited the Greek government to inform it of the measures taken following its aforementioned decisions in the present cases, having regard to Greece ' s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Greek government accordingly informed the Committee that the individual and general measures taken in consequence of the Committee ' s decisions in order to erase the consequences for the applicants of the violations found as well as to prevent new violations of the same kind in the future, were similar to those adopted in the cases of Tsirlis and Kouloumpas, and of Georgia dis (see appendix to Final Resolution ResDH(2004)82);

Whereas the Committee of Ministers satisfied itself that the sums awarded as just satisfaction had been paid by the Greek government to the first applicant on 26 June 1 999, i. e. within the time-limit set, and to the second applicant on 30 June 2000, i. e. 3 months and 27 days after the time-limit set, but that the latter applicant has waived his right to default interest;

Declares, after having examined the measures taken by the Government of Greece , that it has exercised its fun c tions under former Article 32 of the Convention in these cases.

[1]   Rectified on 6 April 2005 (see title and paragraph 3 of the Final Resolution ) .