Resolution ResDH (2002)127 concerning the judgment of the European Court of Human Rights of 11 October 2001 (final on 11 Januar y 2002) in the case of Diaz Aparicio against Spain

(Adopted by the Committee of Ministers on 21 October 2002 at the 810th 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 Diaz Aparicio 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. 49468/99) against Spain, lodged with the European Court of Human Rights on 8 June 1999 under Article 34 of the Convention by Mr Francisco Diaz Aparicio , a Spanish national, and that the Court declared admissible the complaint concerning the excessive length of certain proceedings concerning civil rights and obligations before the Audiencia National and the Constitutional Court;

Whereas in its judgment of 11 October 2001 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 applicant, within three months from the date at which the judgment became final, 500 000 Spanish pesetas in respect of non-pecuniary damage and 300 000 Spanish pesetas in respect of costs and expenses and that simple interest at an annual rate of 7,50% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s 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 October 2001, having regard to Spain’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 1 March 2002, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 11 October 2001,

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