Resolution ResDH (2002)89 concerning the judgment of the European Court of Human Rights of 7 November 2000, final on 9 April 2001 in the case of Anagnostopoulos and others against Greece

(Adopted by the Committee of Ministers on 22 July 2002 at the 803rd 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 Anagnostopoulos and others case delivered on 7 November 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. 39374/98) against Greece, lodged with the European Commission of Human Rights on 16 September 1997 under former Article 25 of the Convention by seven Greek nationals Mr Dimitrios Anagnostopoulos , Mr Athanassios Anastassopoulos , Mr Vassilios Anastopoulos , Mr Constantinos Zarkadakis , Mr Dimitrios Pantazopoulos , Mr Alexandros Paraskevopoulos and Mr Christos Vassilopoulos, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints of the second, fourth, fifth, sixth and seventh applicants concerning the unfairness of a set of civil proceedings, and the lack of an effective remedy to assert their rights and the applicants’ complaint concerning the excessive length of the same proceedings;

Whereas in its judgment of 7 November 2000 the Court:

- held, by six votes to one, that there had been a violation of Article 6, paragraph 1, of the Convention as regards the right of the second, fourth, fifth, sixth and seventh applicants to a fair trial;

- held, unanimously, that there had been a violation of that Article as regards the applicants’ right to a trial within a “reasonable time”;

- held, unanimously, that it was unnecessary to rule on the complaint under Article 13 of the Convention;

- held, by six votes to one, that the government of the respondent state was to pay, within three months from the date on which the judgment became final, 1 000 000 drachmas to the second, fourth, fifth, sixth and seventh applicants for non-pecuniary damage; 500 000 drachmas to the first and third applicants for non-pecuniary damage; 900 000 drachmas to each of the applicants for costs and expenses, plus any amount which may value-added tax that maybe chargeable and that simple interest at an annual rate of 6% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed unanimously 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 7 November 2000, having regard to Greece’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 published on the official internet site of the State Legal Council ( www.nsk.gr ) as well as in Dike International (32-2001, p. 247), journal largely disseminated in legal circles and that it had been sent out to the authorities directly concerned;

Having satisfied itself that on 26 June 2001, within the time-limit set, the government of the respondent state had paid the applicants the sums provided in the judgment of 7 November 2000,

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.