Resolution ResDH (2001)76 Concerning the judgment of the European Court of Human Rights of 21 September 2000 (final on 21 December 2000) in the case of Howarth against the United Kingdom

(Adopted by the Committee of Ministers on 26 June 2001 at the 757 th 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 Howarth case delivered on 21 September 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. 380 81/97) against the United Kingdom, lodged with the European Commission of Human Rights on 17 September 1997 under former Article 25 of the Convention by Mr Jeremy Howarth , a British national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the length of certain criminal proceedings before the Court of Appeal had been excessive;

Whereas in its judgment of 21 September 2000 the Court:

- held by six votes to one, that there had been a violation of Article 6, paragraph 1, of the Convention;

- held unanimously, that there had been no violation of Article 3 of the Convention;

- held by six votes to one, hat the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 750 pounds sterling for non-pecuniary damage and 8 000 British pounds in respect of costs and expenses together with any value-added tax that may be chargeable and that simple interest at an annual rate of 7,5% 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 21 September 2000, having regard to the United Kingdom’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 18 December 2000, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 21 September 2000,

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