Resolution ResDH (2002)143 concerning the judgment of the European Court of Human Rights of 12 February 2002 in the case of Gawracz against Turkey

(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 final judgment of the European Court of Human Rights in the Gawracz case delivered on 12 February 2002 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 32055/96) against Turkey, lodged with the European Commission of Human Rights on 18 August 1995 under previous Article 25 of the Convention by Mr Leszek Gawracz , a Polish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain civil proceedings;

Whereas in its judgment of 12 February 2002 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;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Turkey would pay the applicant, within three months as from the notification of the judgment, the sum of 55 000 French Francs 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 10 May 2002, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that no other measure was required in the present case to comply with the Court’s judgment;

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