Final resolution DH (99) 709

HUMAN RIGHTS

APPLICATION No. 32434/96

CUESTA PUIG AGAINST SPAIN

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of 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) 433, adopted on 9 June 1999 in the case of Cuesta Puig against Spain, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention as a result of the excessive length of criminal proceedings, and authorised the publication of 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 March 1999;

Whereas at the 672nd meeting of the Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 9 June 1999, in accordance with Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicant as just satisfaction, since the latter had not submitted any claim in this respect;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decision of 9 June 1999, having regard to Spain’s obligation under 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 indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned, notably to the Constitutional Court which found that there had been no violation of Article 6, paragraph 1, of the Convention in the course of the proceedings engaged by the applicant to exhaust domestic remedies,

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