Resolution ResDH(2004)62

concerning the judgment of the European Court of Human Rights

of 1 July 2003 (final on 22 July 2003)

in the case of Suominen 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 judgment of the European Court of Human Rights in the Suominen case delivered on 1 July 2003 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the judgment became final on 22 July 2003, the date upon which the parties informed the Court of their intention not to seise the Grand Chamber;

Recalling that the case originated in an application (No. 37801/97) against Finland, lodged with the European Commission of Human Rights on 17 April 1997 under former Article 25 of the Convention by Ms Kersti Hannele Suominen, a Finnish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the applicant had been denied a fair trial as the court of first instance refused, without giving a reasoned decision, to admit part of the evidence she had submitted;

Whereas in its judgment of 1 July 2003 the Court unanimously:

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

- 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, 2 000 euros in respect of non-pecuniary damage and 2 300 euros in respect of costs and expenses, less 630 euros 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 on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant ' s claim for just satisfaction;

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 measures which had been taken in consequence of the judgment of 1 July 2003, having regard to Finland ' s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state drew the Committee ' s attention to the fact that, on account of the specific circumstances of the case, new, similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the judgment had accordingly been sent out to them together with a covering letter of 21 August 2003; in addition, the Court ' s judgment has been published on the Finlex database (www.finlex.fi);

Having satisfied itself that on 19 August 2003, within the time-limit set, the government of the respondent state paid the applicant the sums provided for in the judgment of 1 July 2003,

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.