Final Resolution ResDH(2000)121

Human Rights

Application No. 34109/96

Orefici against Spain

(Adopted by the Committee of Ministers on 2 October 2000 at the 721st 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 (2000) 23, adopted on 14 February 2000 in the case of Orefici against Spain, in which the Committee of Ministers decided that there had been a violation of Article 5, paragraph 3, of the Convention on account of the excessive length of the applicant’s detention on remand, and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 30 October 1999;

Whereas at the 695th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 14 February 2000, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 40 000 French francs in respect of non-pecuniary damage and 40 000 French francs in respect of costs and expenses, namely a total sum of 80 000 French francs, 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;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 14 February 2000, having regard to Spain’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State accordingly gave the Committee information about the measures taken in consequence of the Committee’s decisions taken to avoid new violations of the same kind as the one found in this case (this information a p pears in the appendix to this resol u tion);

Whereas the Committee of Ministers satisfied itself that the Government of the respondent State had paid the applicant the total sum of 80 000 French francs as just satisfaction, on 12 June 2000, within one month of the time-limit set, and thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers,

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

Appendix to Final Resolution ResDH(2000)121

Information provided by the Government of Spain during the examination of the Orefici case by the Committee of Ministers

On 25 February 2000, the report adopted by the European Commission on Human Rights in the present case was transmitted to all the authorities concerned, mainly the Investigating Judge ( Juez de Instrucción ) no. 11 and the President of the Third Section of the Audiencia Provincial , both of Málaga. Furthermore, on the same date, the report was also sent to the presidents of the Consejo General del Poder Judicial and of the Constitutional Court. Finally, the report has been published in the “ Boletín Oficial del Ministerio de Justicia .”

Accordingly, the Government of Spain is of the opinion that it has complied with its obligations under former Article 32 of the Convention.