Resolution ResDH(2004)68

concerning the judgment of the European Court of Human Rights

of 22 July 2003 (Friendly settlement)

in the case of Hyvönen against Finland

(Adopted by the Committee of Ministers on 12th October 2004

at the 897th 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, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Hyvönen case delivered on 22 July 2003 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. 52529/99) against Finland, lodged with the European Court of Human Rights on 4 October 1999 under Article 34 of the Convention by Mr Martti Hyvönen, a Finnish national, and that the Court declared admissible the complaint concerning first the unfairness of certain criminal proceedings on account of the rejection of the medical reasons he gave to justify his failure to attend the hearing before the Court of appeal, and the consequent striking-out of his appeal without his counsel being allowed to plead; and secondly that the could not have his conviction received by a higher court ;

Whereas in its judgment of 22 July 2003 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 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 Finland would pay the applicant, the sum of 6 000 euros, i.e. 2 500 in respect of non-pecuniary damage and 3 500 in respect of costs and expenses, within three months as from the notification of the judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court 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 21 August 2003, within the expiry of the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sums provided for 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 Finland, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.