Resolution ResDH (2002)155 concerning the judgment of the European Court of Human Rights of 29 March 2001 in the case of Zohiou against Greece

(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 final judgment of the European Court of Human Rights in the Zohiou case delivered on 29 March 2001 and transmitted on the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 40428/98) against Greece, lodged with the European Commission of Human Rights on 19 November 1997 under previous Article 25 of the Convention by Mrs Stamatella Zohiou , a Greek national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain civil proceedings;

Whereas in its judgment of 29 March 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 to the applicant, immediately after the notification of the judgment, the global sum of 4 250 000 drachmas in respect of pecuniary and non-pecuniary damage as well as costs;

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 12 December 2001, after expiry of the time-limit set, the government of the respondent state had paid the applicant the sum provided for in the friendly settlement the applicant having waived her right to default interest, and that no other measure 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.