Resolution ResDH (2002)20 concerning the judgment of the European Court of Human Rights of 16 November 2000 (final on 16 February 2001) in the case of Petersen against Denmark

(Adopted by the Committee of Ministers on 6 March 2002 at the 783rd 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 Petersen case delivered on 16 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. 24989/94) against Denmark, lodged with the European Commission of Human Rights on 7 June 1994 under former Article 25 of the Convention by Mr Flemming Petersen, a Danish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicant’s complaint that he had not had a fair hearing by an independent tribunal for the determination of a dispute in relation to a parking fine (complaint under Article 6 of the Convention); Whereas in its judgment of 16 November 2000 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; Recalling that the applicant died in the course of the proceedings; Whereas under the above-mentioned friendly settlement it was agreed that the Government of Denmark would pay to the applicant’s heirs the global sum of 17 000 Danish kroner ; 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 7 December 2000, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant’s heirs the sum provided for in the friendly settlement, and that no other measure was required in the present case to conform to the Court’s judgment, Declares, after having taken note of the information supplied by the Government of Denmark, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.