Resolution ResDH (2003)67 concerning the judgment of the European Court of Human Rights of 11 July 2002 (final on 11 October 2002) in the case of Alithia Publishing Com p any against Cyprus

(Adopted by the Committee of Ministers on 24 April 2003 at the 834th 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 case of Alithia Publishing Company case delivered on 11 July 2002 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. 53594/99) against Cyprus, lodged with the European Court of Human Rights on 21 December 1999 under Article 34 of the Convention by Alithia Publishing Company, a Cypriot company, and Mr Alecos Constantinides , a Cypriot national, and that the Court declared admissible their complaint concerning the excessive length of certain civil proceedings;

Whereas in its judgment of 11 July 2002 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 applicants jointly, within three months from the date on which the judgment became final, the following sums to be converted into the national currency of the respondent state at the rate applicable at the date of settlement: 9 000 euros in respect of non-pecuniary damage; and 4 652 euros in respect of costs and expenses, plus any tax that may be chargeable, and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points would be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicants’ 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 11 July 2002, having regard to Cyprus’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 sent out to the authorities directly concerned;

Having satisfied itself that on 15 December 2002, within the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgment of 11 July 2002,

Declares, after having taken note of the information supplied by the Government of Cyprus, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.