Resolution ResDH (2002)75 concerning the judgment of the European Court of Human Rights of 27 June 2000 in the case of Nuutinen against Finland

(Adopted by the Committee of Ministers on 24 June 2002 at the 798th 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 Fund amental 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 Nuutinen case delivered on 27 June 2000 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. 32842/96) against Finland, lodged with the European Commission of Human Rights on 26 August 1996 under former Article 25 of the Convention by Mr Pekka Nuutinen , a Finnish national, and that the Commission declared admissible the complaints concerning the excessive length of certain civil proceedings and non-enforcement of the applicant’s access rights in respect of his daughter;

Recalling that the case was brought before the Court by the applicant on 20 January 1999 under Protocol No. 9 and by the Government of the respondent State on 1 April 1999;

Whereas in its judgment of 27 June 2000 the Court:

- held, unanimously, that there had been a violation of Article 6, paragraph 1, of the Convention;

- held, by four votes to three, that there had been no violation of Article 8 of the Convention;

- held, unanimously, that it was not necessary to examine the other complaints under Article 8 which the applicant made before the Commission but did not reiterate before the Court;

- held, unanimously, that the government of the respondent state was to pay the applicant, within three months, 20 000 Finnish Marks in respect of non-pecuniary damage; 10 000 Finnish Marks in respect of costs and expenses less 5 800 French francs already awarded by the Council of Europe by way of legal aid, to be converted into Finnish marks at the rate applicable at the date of delivery of the judgment, together with any value-added tax that may be changeable and that simple interest at an annual rate of 10% 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 27 June 2000, having regard to Finland’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 25 September 2000, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 27 June 2000,

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