Resolution ResDH (2003)33 concerning the judgment of the European Court of Human Rights of 25 October 2001 in the case of Tiburzi against Greece

(Adopted by the Committee of Ministers on 24 February 2003 at the 827th 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 Tiburzi case delivered on 25 October 2001 and transmitted to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 49222/99) against Greece, lodged with the European Court of Human Rights on 31 May 1999 under Article 34 of the Convention by Ms Alberta Tiburzi , an Italian national, and that the Court declared admissible the complaint related to the excessive length of a proceeding concerning civil rights and obligations;

Whereas in its judgment of 25 October 2001 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 Greece would pay the applicants, the sum of 2 000 000 Greek drachmas, cover any pecuniary and non-pecuniary damage as well as costs, 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 th e 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 14 January 2002, the government of the respondent state had paid the applicants the sum provided for in the friendly settlement and that no other measures was required in the present case to conform to the Court’s judgment,

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