Resolution ResDH (2002)49 Human Rights Application No. 23436/94 Sakellaropoulos against Greece

(Adopted by the Committee of Ministers on 30 April 2002 at the 792nd meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”), Having regard to the report drawn up on 11 April 1996 by the European Commission of Human Rights in accordance with former Article 31 of the Convention relating to the application lodged on 17 December 1993 by a Greek national, Mr Georgios Sakellaropoulos against Greece; Whereas on 14 May 1996 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in former Article 32, paragraph 1, of the Convention elapsed without the case having been brought before the European Court of Human Rights in pursuance of former Article 48 of the Convention; Whereas in his application, declared admissible by the Commission on 6 September 1995, the applicant complained of the excessive length of certain proceedings concerning civil rights and obligations; Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention; Whereas at the 576th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of former Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 15 November 1996, that there had been in this case a violation of Article 6, paragraph 1, of the Convention; Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission 1 October 1996; Whereas at the 582nd meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 28 January 1997, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, 500 000 drachmas in respect of non-pecuniary damage, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 15 November 1996 and 28 January 1997, having regard to Greece’s obligation under former Article 32, paragraph 4, of the Convention to abide by them; Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned; Whereas the Committee of Ministers satisfied itself that on 12 February 1998, after expiry of the time-limit set, the government of the respondent state paid the applicant the sum awarded as just satisfaction, including the default interest due, Declares, after having taken note of the measures taken by the Government of Greece, that it has exercised its functions under former Article 32 of the Convention in this case; Authorises the publication of the report adopted by the Commission in this case.