Resolution ResDH (2001)74 concerning the judgment of the European Court of Human Rights of 19 March 1997 in the case of Paskhalidis and others against Greece

(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 former Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Paskhalidis and others case delivered on 19 March 1997 and transmitted the same day to the Committee of Ministers under former Article 54 of the Convention;

Recalling that the case originated in ninety-three applications (the first of which were Nos. 20416/92 to 22857/93) against Greece, lodged with the European Commission of Human Rights on various dates between 28 July 1992 and 30 September 1993 under former Article 25 of the Convention by ninety-three Turkish or Egyptian nationals of Greek origin, and that the Commission declared admissible their complaint concerning the excessive length of certain proceedings concerning civil rights and obligations (pension rights) before the administrative courts;

Recalling that the case was brought before the Court by the Greek Government on 8 January 1996;

Whereas in its judgment of 19 March 1997 the Court unanimously:

- severed the case of Mr Karatzalidis from those of the other applicants and struck it out of its list;

- held that Article 6, paragraph 1, of the Convention was applicable in the case;

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay each of the applicant, within three months, 500 000 drachmas in respect of non-pecuniary damage, and all applicants jointly 2 000 000 drachmas in respect of costs and expenses and that simple interest at an annual rate of 6% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46 of the Convention as amended by Protocol No. 11 which apply to cases transmitted under former Article 54 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 19 March 1997, having regard to Greece’s obligation under former Article 53 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 have accordingly been sent out to them; in addition, the Court’s judgment has been published in Greek, French and English in the European Convention on Human Rights review, edition 1999;

Having satisfied itself that the government of the respondent state has made the amounts awarded as just satisfaction available to the applicants,

Declares, after having taken note of the information supplied by the Government of Greece, that it has exercised its functions under former Article 54 of the Convention in this case.