Resolution ResDH(2001)122 concerning the judgment of the European Court of Human Rights of 27 April 2000 (final on 27 July 2000) in the case of Kuopila against Finland

(Adopted by the Committee of Ministers on 15 October 2001 at the 764th 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 Kuopila case delivered on 27 April 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. 27752/95) against Finland, lodged with the European Commission of Human Rights on 23 November 1994 under former Article 25 of the Convention by Ms Kaija Kuopila, a Finnish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the right to a fair trial in certain criminal proceedings;

Whereas in its judgment of 27 April 2000 the Court unanimously:

- held that there had been a violation of Article 6 of the Convention;

- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 15 000 Finnish marks in respect of non-pecuniary damage; 30 000 Finnish marks in respect of costs and expenses, together with any value-added tax that may be chargeable, less 5 100 French francs to be converted into Finnish marks at the rate applicable on the date of delivery of the judgment 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 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 April 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 drew the Committee ' s attention to the fact that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the judgment together with a circular letter had accordingly been sent out to the criminal courts; in addition, the Court ' s judgment has been published on the Internet site “Finnlex”, a free judicial database accessible to anybody and in the specific bulletin for prosecutors;

Having satisfied itself that on 24 October 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 April 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.