Resolution ResDH (2001)54 concerning the judgment of the European Court of Human Rights of 20 June 2000 in the case of Lindelöf against Sweden

(Adopted by the Committee of Mini sters 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 Lindelöf case delivered on 20 June 2000 and transmitted to the Committee of Ministers on the same date under Article 46 of the Convention;

Recalling that the case originated in an application (No. 22771/93) against Sweden, lodged with the European Commission of Human Rights on 8 August 1993 under former Article 25 of the Convention by Christina, Bernt , Ellinor and Hillevi Lindelöf , Swedish nationals, 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 presumption of innocence and the respect of family life of the applicants, in the context of Ellinor’s committal to a child psychiatric department and the proceedings concerning Ellinor’s placement in care;

Whereas in its judgment of 20 June 2000 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicants, 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 and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Sweden would pay the applicants, ex gratia , the sum of 2 100 000 Swedish crowns;

Recalling that Rule 44, paragraph 2, of the Rules of 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 it self that on 18 May 2000, the Government of the respondent State had paid the applicants the sum provided for in the friendly settlement and that no other measure 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 Sweden, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.