Resolution ResDH (2001)143 concerning the judgment of the European Court of Human Rights of 7 December 2000 (final on 3 January 2001) in the case of Valle 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 Valle case delivered on 7 December 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the judgment of the Court became final on 3 January 2001 since at this date, the Court informed the Committee of Ministers’ that the parties had notified that they would not request a the case to be referred to the Grand Chambre ;

Recalling that the case originated in an application (No. 28808/95) against Finland, lodged with the European Commission of Human Rights on 25 December 1993 under former Article 25 of the Convention by Mr Tapio Valle, a Finnish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints relating to the breach of the applicant’s private life and correspondence and the lack of an effective remedy in this respect;

Whereas in its judgment of 7 December 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;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Finland would pay the applicant 20 000 Finnish marks in respect of non-pecuniary damage and 7 930 Finnish marks in respect of costs and expenses, less the amount already paid by the Council of Europe by way of legal aid;

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 1 February 2001, the government of the respondent state had paid the applicant the sums provided for in the friendly settlement and that no other measures 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 Finland, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.