Final Resolution ResDH(2001)30 Human Rights Application No. 23636/94 P.M. against Hungary

(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 former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (99) 257, adopted on 15 April 1999 in the case of P.M. against Hungary, in which the Committee of Ministers decided that there had been a violation of Article 3 of the Convention on account of the inhuman and degrading conditions of imprisonment of the applicant, a person paralysed from the waist down, and also decided to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission as regards just satisfaction to be awarded to the sole heir of the deceased applicant, proposals supplemented by a letter of the President of the Commission dated 30 March 1999;

Whereas at the 704 th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 10 April 2000, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant's sole heir, within three months, 1 000 000 Hungarian forints in respect of non-pecuniary damage, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant's heir;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 15 April 1999 and 10 April 2000, having regard to Hungary's obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas the Government of the respondent State reminded the Committee of Ministers that, during the examination of the present case by the Commission, the Hungarian authorities had already taken individual measures in order to improve the conditions of the applicant's detention, thus putting an end to the violation of Article 3 as from 3 January 1996 (see paragraph 52 of the Commission's report);

Whereas the Government also indicated that, in view 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 Commission's report have accordingly been disseminated to different detention centres in Hungary;

Whereas the Committee of Ministers satisfied itself that on 26 June 2000, within the time-limit set, the Government of the respondent State had paid the applicant's sole heir the total sum of 1 000 000 Hungarian forints as just satisfaction,

Declares, after having taken note of the measures taken by the Government of Hungary, that it has exercised its functions under former Article 32 of the Convention in this case.