Resolution DH (98) 377

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 19 FEBRUARY 1998 IN THE CASE OF PAULSEN-MEDALEN AND SVENSSON AGAINST SWEDEN

(Adopted by the Committee of Ministers on 12 November 1998 at the 647th meeting of theMinisters’ 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 Paulsen-Medalen and Svensson case delivered on 19 February 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 16817/90) against Sweden, lodged with the European Commission of Human Rights on 7 August 1989 under Article 25 of the Convention by Ms Anne-Marie Paulsen-Medalen and Mr Sven-Erik Svensson, Swedish nationals, and that the Commission declared admissible the complaints regarding the length of proceedings relating to restriction’s on a mother’s access to her two sons, who had been taken into public care, and the alleged impossibility for the father of one of them to have his right of access to his son determined by a court;

Recalling that the case was brought before the Court by the applicants on 25 October 1996, in accordance with Protocol No. 9 of the Convention;

Whereas in its judgment of 19 February 1998 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention with respect to the first applicant;

- held that there had been no violation of Article 6, paragraph 1, with respect to the second applicant;

- held that it was not necessary to examine the second applicant’s complaint under Articles 8 and 13 of the Convention;

- held that the respondent State was to pay the first applicant, within three months 10 000 Swedish kronor in respect of non-pecuniary damage and for legal costs, 40 000 Swedish kronor, less 3 900 French francs to be converted into Swedish kronor at the rate applicable on the date of delivery of the present judgment, and that simple interest at an annual rate of 10.5 % should be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

Having invited the government of the respondent State to inform it of the measures which had been taken in consequence of the judgment of 19 February 1998, having regard to Sweden’s obligation under Article 53 of the Convention 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 in order to prevent 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 12 March 1998, within the time-limit set, the government of the respondent State paid the first applicant the sum provided for in the judgment of 19 February 1998;

Noting that the full text of the judgment is available 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 Sweden that it has exercised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (98) 377

Information provided by the Government of Sweden during the examination of the Paulsen-Medalen and Svensson case

by the Committee of Ministers

A Memorandum summarising the judgment has been disseminated to, among others, the Supreme Court and the Supreme Administrative Court and made public through various publications, notably Svensk Juristtidning (No. 4, 1998). Furthermore the judgment will be made available on the Rixlex.

In order to prevent similar violations, resources have been reallocated from the district courts to the administrative courts. During 1997 and 1998, the National Courts Administration provided for a special group of judges with the task of terminating pending cases in the County Administrative Courts. This special group of judges will continue its work at least until the end of 1998.

According to statistics from the National Courts Administration, the average time in 1996 for handling cases similar to the one in question in the Supreme Administrative Court, were 3.2 months. In 1997, such cases were dealt with in an average of 2.3 months. The figures show that cases in the Supreme Administrative Court pertaining to the taking into care of young persons are normally tried within a few months.

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