Resolution ResDH(2000)152

concerning the judgment of the European Court of Human Rights of 15 February 2000 (final on 29 June 2000) in the case of García Manibardo against Spain

(Adopted by the Committee of Ministers on 18 December 2000 at the 732 nd 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 García Manibardo case delivered on 15 February 2000 and transmitted to the Committee of Ministers once it had become final under Article 44 of the Convention;

Recalling that the judgment of the Court became final on 29 June 2000 since the Government of the respondent State was informed on that date that the request for a re-hearing before the Grand Chamber had been dismissed;

Recalling that the case originated in an application (No. 38695/97) against Spain, lodged with the European Commission of Human Rights on 2 September 1997 under Article 25 of the unamended Co n vention by Ms Florencia García Manibardo , a Spanish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the applicant could not enjoy her right of access to a court and therefore her right of a fair trial;

Whereas in its judgment of 15 February 2000 the Court unanimously:

- 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 the applicant, within three months from the date on which the judgment becomes final, 520 572 pesetas in respect of costs and expenses and that simple interest at an annual rate of 4.25 % would be payable on this sum from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of previous Art i cle 54 of the Convention which are, for the time being, applicable by analogy to cases under 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 mea s ures which had been taken in consequence of the judgment of 15 February 2000, having regard to Spain’s obligation under Article 46, paragraph 1, of the Conve n tion 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 as well as to the General Council of Judicial Courts (Consejo General del Poder Judicial) ;

Having satisfied itself that on 25 July 2000, within the time-limit set, the Government of the respondent State put at the disposal of the a p plicant the sum provided for in the judgment of 15 February 2000,

Declares, after having taken note of the information supplied by the Government of Spain, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.