Resolution ResDH(2004)63

concerning the judgment of the European Court of Human Rights

of 27 September 2001 (final on 27 December 2001)

in the case of Hirvisaari 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 Hirvisaari case delivered on 27 September 2001 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. 49684/99) against Finland, lodged with the European Court of Human Rights on 20 April 1999 under Article 34 of the Convention by Mr Eero Olavi Hirvisaari, a Finnish national, and that the Court declared admissible the complaint that the applicant was not afforded a fair trial as the Pensions Board and the Insurance Court did not give adequate reasons for their decisions;

Whereas in its judgment of 27 September 2001 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, 20 000 Finnish marks in respect of non-pecuniary damage; 10 000 Finnish marks in respect of costs and expenses together with any value added tax that might be chargeable and that simple interest at an annual rate of 11% would 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 27 September 2001, 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 indicated that the Court ' s judgment had been published on the Finlex database and a separate press statement released on the date of the judgment; in addition, copies of the judgment had been sent out together with a covering letter to the Parliamentary Ombudsman, Chancellor of Justice, Ministry of Justice, Supreme Court, High Administrative Court, Insurance Court and the Pensions Board;

Having satisfied itself that on 31 December 2001, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 27 September 2001,

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.