resolution DH (99) 469

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 28 OCTOBER 1998 IN THE CASE OF CASTILLO ALGAR AGAINST SPAIN

(Adopted by the Committee of Ministers on 15 July 1999 at the 677th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Castillo Algar case delivered on 28 October 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 28194/95 ) against Spain, lodged with the European Commission of Human Rights on 3 August 1995 under Article 25 of the Co n vention by Mr Ricardo Castillo Algar , a Spanish national, and that the Commission declared admissible the complaint concerning the lack of impartiality of a military court, two of its judges having previously sat in the chamber which had upheld the order (auto de procesamiento) by which the applicant had been charged;

Recalling that the case was brought before the Court by the Government of Spain on 4 August 1997;

Whereas in its judgment of 28 October 1998 the Court unanimously:

- dismissed the government’s preliminary objection and held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the finding of a violation of Article 6, paragraph 1, constituted in itself sufficient just satisfaction as to the alleged non-pecuniary damage;

- held that the Government of the respondent State was to pay the applicant, within three months 765 600 pesetas in respect of costs and expenses together with any value-added tax that may be payable and that simple interest at an annual rate of 7.5% would be payable on this sum 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;

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 28 October 1998, having regard to Spain’s obligation under Article 53 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 gave the Committee of Ministers information about the measures taken preventing new violations of the same kind as that found in the present judgment; this information appears in the appendix to this resolution;

Having satisfied itself that on 25 November 1998, within the time-limit set, the Government of the respondent State had paid the a p plicant the sum provided for in the judgment of 28 October 1998,

Declares, after having taken note of the information supplied by the Government of Spain, that it has exe r cised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (99) 469

Information provided by the Government of Spain during the examination of the Castillo Algar case

by the Committee of Ministers

The Government of Spain indicates that, in respect of  individual measures, as from 22 May 1997 the applicant’s conviction has been struck off the judicial records.

As far as general measures are concerned, the judgment of the European Court of Human Rights has been disseminated to the competent authorities, notably the Constitutional Court and the General Judicial Council. Furthermore, the judgment has been translated into Spanish and published in the Boletín de Información del Ministerio de Justicia as well as in different judicial reviews , inter alia, La Ley (Nos. 4719 of 25 January 1999, 4720 of 26 January 1999, 4735 of 16 February 1999 and 4749 of 8 March 1999) and Actualidad Jurídica Aranzad i (No. 376 of 4 February 1999).

Lastly, on 21, 22 and 23 April 1999, a seminar concerning military rights was organised at the General Judicial Council, and in this context, the Castillo Algar judgment has been widely examined.

The Government of Spain concludes that the measures taken will prevent the repetition of any violations similar to that found in this case and that Spain has therefore fulfilled its obligations under Article 53 of the Convention.