Resolution ResDH (2002)106 concerning the judgment of the European Court of Human Rights of 29 February 2000 (final on 29 May 2000) in the case of Fuentes Bobo against Spain

(Adopted by the Committee of Ministers on 7 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 Fuentes Bobo case delivered on 29 February 2000 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. 39293/98) against Spain, lodged with the European Commission of Human Rights on 9 January 1998 under former Article 25 of the Convention by Mr Bernardo Fuentes Bobo , a Spanish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the violation of the applicant’s right to freedom of expression on account of his dismissal from his post in Spanish national television due to declarations he had made in two radio programmes ;

Whereas in its judgment of 29 February 2000 the Court:

- held, by five votes to two, that there had been a violation of Article 10 of the Convention;

- held, unanimously, that it was not necessary to examine the complaint under Article 14 of the Convention;

- held, by five votes to two, that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 1 000 000 Spanish pesetas in respect of pecuniary and non-pecuniary damages; 750 000 Spanish pesetas in respect of costs and expenses, less 6 600 French francs already received by the applicant in respect of legal aid before the Court, and that simple interest at an annual rate of 4,25% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed, by five votes to two, 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 29 February 2000, 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 gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment; this information appears in the appendix to this resolution;

Having satisfied itself that on 9 August 2000, within the time-limit set, the government of the respondent state put at the disposal of the applicant the sums provided for in the judgment of 29 February 2000,

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.

Appendix to Resolution ResDH (2002)106

Information provided by the Government of Spain during the examination of the Fuentes Bobo case by the Committee of Ministers

As regards the question of general measures to prevent new similar violations of the Convention, the Spanish Government recalls that the Convention and the judgments of the European Court of Human Rights have direct effect in Spanish law. In view hereof, the Government is convinced that the Spanish courts will henceforth interpret the relevant legislation in any future similar case in a manner conforming to the Fuentes Bobo judgment.

On this point the Government in particular recalls that summaries of the judgment were rapidly published in several Spanish newspapers, inter alia , El País , ABC, la Razón , etc. In order to ensure that all authorities were adequately informed of the judgment, it was also published in translation on 15 April 2001 in the Information Bulletin of the Spanish Ministry of Justice and copies were sent to the authorities concerned. Furthermore, it was made available on the Internet Site of the Ministry of Justice and has been the object of different studies by several social judicial organs. The Government of Spain therefore considers that there is no risk of new violations similar to that found in the present case. As regards the question of individual measures and the applicant’s attempts to be reinstated in his position, the Government notes that all negative consequences of the applicant’s unjustified dismissal relied upon by him before the Court (see §§ 58-60) were examined by the latter under Article 41 of the Convention and fully remedied through it’s award of just satisfaction. In these circumstances no further measures are required by the Spanish authorities. In the light of the above the Government considers that Spain has complied with its obligations under Article 46, paragraph 1, of the Convention.