Resolution ResDH (2002)154 concerning the judgment of the European Court of Human Rights of 11 October 2001 (final on 11 January 2002) in the case of Kalantari against Germany

(Adopted by the Committee of Ministers on 17 December 2002 at the 819th 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 Kalantari case delivered on 11 October 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. 51342/99) against Germany, lodged with the European Court of Human Rights on 2 August 1999 under Article 34 of the Convention by Mr Ali Reza Kalantari , an Iran national, and that the Court declared admissible the complaint that the expulsion of the applicant to Iran could result in the applicant’s subjection to inhuman and degrading treatment;

Recalling however that on 18 June 2001, the Government of Germany informed the Court that, by decision of 15 June 2001, the Federal Refugees’ Office had annulled its decision of 31 August 1998 and that, consequently, the applicant would not be expelled to Iran;

Whereas in its judgment of 11 October 2001 the Court, taking account of the above-mentioned decision of 15 June 2001 and that no other consideration, based upon respect of the human rights guaranteed in the Convention or its Protocols, required it to pursue the examination of the application:

- decided, unanimously, to strike the case out of the list;

- held, unanimously , that the government of the respondent state was to pay the applicant, in application of Article 44, paragraph 4, of its Rules, within three months from the date at which the judgment became final, 16 000 German marks in respect of costs and expenses less 355 euros and that simple interest at an annual rate of 8,62% would be payable on this sum from the expiry of the above-mentioned three months until settlement;

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 October 2001, having regard to Germany’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Having satisfied itself that on 28 March 2002, within the time-limit set, the government of the respondent state had paid the applicant the sum provided for in the judgment of 11 October 2001,

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