Resolution ResDH(2001)13 concerning the judgment of the European Court of Human Rights of 18 February 1999 in the case of Buscarini against San Marino

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st 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 final judgment of the European Court of Human Rights in the Buscarini case delivered on 18 February 1999 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 24645/94) against the Republic of San Marino, lodged with the European Commission of Human Rights on 17 November 1993 under former Article 25 of the unamended Convention by Mr Cristoforo Buscarini, Mr Emilio Della Balda and Mr Dario Manzaroli, three San Marinese nationals, and that the Commission declared admissible the complaint that the obligation to take an oath on the Gospels, on pain of forfeiting their parliamentary seats, constituted an infringement of their freedom of religion and conscience;

Recalling that the case was brought before the Court by the first applicant on 10 March 1998, by the Government of the Republic of San Marino on 16 March 1998 and by the second applicant on 3 April 1998;

Whereas in its judgment of 18 February 1999 the Court unanimously:

- held that there had been a violation of Article 9 of the Convention;

- held that the judgment constituted in itself sufficient just satisfaction as to the alleged non-pecuniary damage and

- dismissed the remainder of the 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 as amended by Protocol No. 11;

Having invited the Government of the respondent State to inform it of the measures which had been taken in consequence of the judgment of 18 February 1999, having regard to San Marino'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 gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment; this information appears in the appendix to this resolution,

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

Appendix to Resolution ResDH 2001)13

Information provided by the Government of San Marino during the examination of the Buscarini case by the Committee of Ministers

Law No. 115 of 29 October 1993 introduced a choice for newly elected members of the General Grand Council between the traditional oath and one in which the reference to the Gospels was replaced by the words “on my honour”.

Furthermore, on 30 June 2000, the full text of the judgment (in Italian, French and English) was made accessible to the public by displaying it on the doors of the Public Palace (« ad valvas palatii ») – as is traditionally done in San Marino for all important official information (such as new laws, etc.) – in order to enable anybody to obtain, upon request, a copy of the judgment.

The Government of the Republic of San Marino considers that these measures will prevent new violations similar to that found in this case and that San Marino has thus fulfilled its obligations under Article 46, paragraph 1, of the Convention.