Resolution DH (2000) 56

Human Rights

Application No. 24890/94

Makriyannis against Greece

(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 32 of the Convention for the Protection of H u man Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 11 April 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 8 November 1993 by a Greek national, Mr Ioannis Makriyannis, against Greece;

Whereas on 15 May 1996 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Co n vention;

Whereas in his application, as declared admissible by the Commission on 24 October 1995, the applicant complained of the excessive length of certain criminal proceedings;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Co n vention;

Whereas at the 576th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 15 November 1996, that there had been in this case a violation of Article 6, par a graph 1, of the Convention;

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 25 September 1996;

Whereas at the 582nd meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 28 January 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfa c tion, within three months, 500 000 drachmas in respect of non-pecuniary damage and 10 000 French francs in respect of costs and expenses, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting, on 17 September 1997, on the general princ i ples regarding the payment of default interest) 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 15 November 1996 and 28 January 1997, having regard to Greece’s obligation under Art i cle 32, paragraph 4, of the Conve n tion to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State indicated that the Commission’s report had been sent out to the authorities directly concerned;

Whereas the Gover n ment of the respondent State informed the Committee of Ministers that by a letter of 23 March 1998, the applicant was informed that the just satisfaction awarded, including the default interest due at that date, was at his disposal,

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

Authorises the publication of the report adopted by the Commission in this case.