resolution DH (99) 23

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 16 DECEMBER 1997 IN THE CASE OF RANINEN AGAINST FINLAND

(Adopted by the Committee of Ministers on 18 January 1999 at the 654th 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 Raninen case delivered on 16 December 1997 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 20972/92) against Finland, lodged with the European Commission of Human Rights on 11 November 1992 under Article 25 of the Co n vention by Mr Kaj Raninen , a Finnish national, and that the Commission declared admissible the complaints relating to the applicant’s handcuffing and the lawfulness of the deprivation of his liberty;

Recalling that the case was brought before the Court by the Commission and by the Government of Finland on 4 December 1996 and 25 February 1997 respectively;

Whereas in its judgment of 16 December 1997 the Court:

- dismissed, by six votes to three, the preliminary exception concerning the exhaustion of domestic remedies;

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

- held, unanimously, that it was not necessary to examine the applicant’s complaint under Article 5, paragraphe 2, of the Convention;

- held, unanimously, that there had been no violation of article 3 of the Convention;

- held, by seven votes to two, that there had been no violation of article 8 of the Convention;

- held, unanimously, that the respondent State was to pay the applicant, within three months 10 000 Finnish marks in respect of non-pecuniary damage and for legal costs and expenses; 50 000 Finnish marks, plus any applicable VAT, less 23 699 French francs to be converted into Finnish marks at the rate applicable on the date of delivery of the present judgment, and that simple interest at an annual rate of 11% would be payable on these sums from the expiry of the above-mentioned three months until settlement;

- dismissed, unanimously, 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 16 December 1997, having regard to Finland’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 17 February 1998, within the time-limit set, the government of the respondent State paid the a p plicant the sum provided for in the judgment of 16 December 1997;

Noting that the full text of the judgment is available in French and in English on the Council of Europe’s website (http://www.dhcour.coe.fr);

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

Appendix to Resolution DH (99) 23

Information provided by the Government of Finland during the examination of the Raninen case

by the Committee of Ministers

The Government of Finland has brought the judgment of the European Court of Human Rights to the attention of the authorities concerned. Moreover, the Government points out that paragraphs 8.1 and 8.2 of the Educational Guide for members of the military police force (part I) have been deleted. These rules concerned the handcuffing of a person to be transported. In the future, the General Service Instructions, which fulfil the requirements of the European Convention of Human Rights, will be applicable.

The judgment of the European Court of Human Rights has been translated into Finnish and a summary of the judgment in Finnish has been included in the FINLEX Data Base System which is maintained by the Ministry of Justice and is accessible to the authorities and the public at a small fee.

The Government of Finland considers that these measures will prevent new violations of the Convention and that Finland has accordingly fulfilled its obligations under Article 53 of the Convention.