Resolution DH (2000) 80

concerning the judgment of the European Court of Human Rights of 14 October 1999 (final on 14 January 2000) in the case of Riera Blume and others against Spain

(Adopted by the Committee of Ministers on 29 May 2000 at the 709th 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 Riera Blume and others case delivered on 14 October 1999 and transmitted to the Committee of Ministers once it had become final under Article 44 of the Convention;

Recalling that the case originated in an application (No. 37680/97) against Spain, lodged with the European Commission of Human Rights on 25 August 1997 under Article 25 of the unamended Co n vention by seven Spanish nationals, Ms Elena Riera Blume,

Ms Concepciόn Riera Blume, Mr José Victor Riera Blume, Ms María Luz Casado Perez,

Ms Daria Amelia Casado Perez, Ms María Teresa Sales Aige and Mr Javier Bruna Reverter , and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible their complaints (with the exception of that of Mr José Victor Riera Blume) that their transfer by the police to a hotel and their restriction to this hotel from 20 to 30 June 1984, following a preliminary investigation against their “sect”, had constituted an unlawful deprivation of liberty and that the “de-programming” they were subjected to during their detention constituted a breach of their right to freedom of thought, conscience and religion;

Whereas in its judgment of 14 October 1999 the Court, unanimously:

- held that there had been a violation of Article 5, paragraph 1, of the Convention;

- held that it was unnecessary to examine separately the complaint based on Article 9 of the Convention;

- held that the respondent State was to pay each of the six applicants whose applications had been declared admissible, within three months from the date on which the judgment became final, 250 000 pesetas in respect of non-pecuniary damage and 500 000 pesetas to the applicants jointly in respect of costs and expenses and that simple interest at an annual rate of 4.25% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

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

Having regard to the Rules adopted by the Committee of Ministers concerning the application of 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 14 October 1999, 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 published in the Boletín de Información del Ministerio de Justicia and sent out to the authorities directly concerned ( Tribunal de Instrucción No. 5 of Barcelona, Audiencia Provincial de Barcelona, Tribunal Supremo, Tribunal Constitucional and Dirección General para la Seguridad de los Ciudadanos de la Generalidad de Cataluña );

Having satisfied itself that on 2 February 2000, within the time-limit set, the Government of the respondent State paid the a p plicants the sums provided for in the judgment of 14 October 1999,

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.