resolution DH (99) 465

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 24 April 1998 IN THE CASE OF Mavronichis  AGAINST Cyprus

(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 Mavronichis case delivered on 24 April 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 28054/95) against Cyprus, lodged with the European Commission of Human Rights on 10 July 1995 under Article 25 of the Co n vention by Mr Michael Mavronichis , a Cypriot national, and that the Commission declared admissible the complaint concerning the excessive length of certain civil proceedings, for compensation in respect of the annulment of an administrative decision rejecting his candidature for a public sector post;

Recalling that the case was brought before the Court by the Government of Cyprus on 7 May 1997;

Whereas in its judgment of 24 April 1998 the Court unanimously:

- held that Article 6, paragraph 1, of the Convention was applicable in the present case and had been violated;

- held, that the Government of the respondent State was to pay the applicant, within three months, 3 000 Cypriot pounds in respect of non-pecuniary damage; that the Government of the respondent State was to pay the applicant, within three months, 4 784 Cypriot pounds and 60 cents in respect of costs and expenses together with any value-added tax that may be chargeable, less 2 000 French francs to be converted into Cypriot pounds at the rate of exchange applicable on the date of delivery of the present judgment; that simple interest at an annual rate of 8% should be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claims for just satisfaction;

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 24 April 1998, having regard to Cyprus’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 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 24 June 1998, within the time-limit set, the Government of the respondent State had paid the a p plicant the sums provided for in the judgment of 24 April 1998,

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

Appendix to Resolution DH (99) 465

Information provided by the Government of Cyprus during the examination of the Mavronichis case

by the Committee of Ministers

The Government of Cyprus has undertaken several measures to improve the efficiency and the facilities of its courts. The number of administrative staff has been increased and institutional steps have been taken to accelerate the administration of justice, especially in the area of appeals.  Of particular importance are the Appeals Rules of Procedure of 1996, which provide among other things for a pre-trial stage, the limitation of time of oral addresses and a summary procedure for the dismissal of manifestly unfounded appeals.  Statistics show that the number of civil appeals pending before the Supreme Court had diminished between 1996 and 1997.  It is anticipated that this trend will continue.

The government indicates, in addition, that the construction of the new District Court in Limassol is under way and that studies are being carried out for the construction of new premises for the Supreme Court in Nicosia. Finally, the computerisation process for judicial services has started. The design of a pilot programme which registers, manages and follows up criminal and civil cases has been completed and agreed upon by the Supreme Court.  The system should be installed and operational some time before the end of October 1999.

The Government of Cyprus considers that the measures adopted will prevent further violations of the same kind and that Cyprus has, accordingly, complied with its obligations under Article 53 of the Convention in this respect.