Resolution ResDH (2004)54

concerning the judgment of the European Court of Human Rights of 6 May 2003 (Friendly settlement) in the case of Eerola against Finland

(Adopted by the Committee of Ministers on 20 July 2004 at the 891st 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 Eerola case delivered on 6 May 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. 42059/98) against Finland, lodged with the European Commission of Human Rights on 30 June 1998 under former Article 25 of the Co n vention by Mr Vesa ‑ Ville Eerola , a Finnish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the unfairness of certain criminal proceedings against him due to the changing composition of the first-instance court;

Whereas in its judgment of 6 May 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 6 858,80 euros, i.e. 5 000 euros in respect of non-pecuniary damage and 1 858,80 euros in respect for cost and expenses, within three months as from the date of delivery 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 9 September 2003, after 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, including the interest, 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 exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.