RESOLUTION DH (98) 309

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 24 JUNE 1993 AND 31 OCTOBER 1995

IN THE CASE OF PAPAMICHALOPOULOS AND OTHERS AGAINST GREECE

(Adopted by the Committee of Ministers on 25 September 1998, at the 640th 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 judgments of the European Court of Human Rights in the case of Papamichalopoulos and others delivered on 24 June 1993 and 31 October 1995 and transmitted the same days to the Committee of Ministers;

Recalling that the case originated in an application (No. 14556/89) against Greece, lodged with the European Commission of Human Rights on 7 November 1998 under Article 25 of the Convention by fourteen Greek nationals, Mr Ioannis Papamichalopoulos, Mr Pantelis Papamichalopoulos, Mr Petros Karayannis, Ms Angeliki Karayanni, Mr Panayotis Zontanos, Mr Nikolaos Kyriakopoulos, Mr Konstantinos Tsapalas, Ms Ioanna Pantelidi, Ms Marika Hadjinikoli, Ms Irini Kremmyda, Ms Christina Kremmyda, Mr Athanas Kremmydas, Mr Evangelos Zybeloudis and Ms Konstantina Tsouri, and that the Commission declared admissible the complaint concerning the lawfulness of the Navy Fund’s occupation since 1967 of land belonging to the applicants;

Recalling that the case was brought before the Court by the Commission on 25 May 1992;

Whereas in its judgment of 24 June 1993 the Court unanimously:

- declared the Government estopped from pleading the applicants’ lack of victim status and on failure to exhaust domestic remedies;

- held that there has been and there continued to be a breach of Article 1 Protocol No. 1 of the Convention;

- held that the question of the application of Article 50 was not ready for decision and accordingly reserved it in whole; invited the Government and the applicants to submit, within the forthcoming two months, the names and positions of experts chosen by agreement for the purpose of valuing the disputed land and to inform it, within eight months from the expiry of that period, of any friendly settlement that they may reach before the valuation; reserved the further procedure and delegated to the President power to fix the same if needed to be;

Whereas in its judgment of 31 October 1995 the Court unanimously:

- held that the expert report was valid;

- held that the respondent State was to return to the applicants, within six months, the land in issue of an area of 104 018 m 2 , including the buildings on it;

- held that, failing such restitution, the respondent State was to pay the applicants, within six months, 5 551 000 000 drachmas in respect of pecuniary damage, plus non-capitalisable interest at 6 % from the expiry of the six months period until payment;

- held that the respondent State was to pay the applicants within three months, 6 300 000 drachmas in respect of non-pecuniary damage; 65 000 000 drachmas in respect of cost and expenses including value added tax; and dismissed the remainder of the claim for just satisfaction;

- held that the respondent State was to pay the two experts, Mr Katsos and Mr Vantsis, 36 000 000 drachmas in respect of the costs and fees relating to the writing of their report plus value added tax;

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 judgments of 24 June 1993 and 31 October 1995, having regard to Greece’s obligation under Article 53 of the Convention to abide by it;

Having been informed by the applicants that on 18 April 1997 they received 2 943 497 589 drachmas, including 321 197 589 drachmas as default interest (6 % calculated on the capital sums awarded by the Court), and 3 000 000 000 drachmas in three year term bonds bearing a fixed annual interest rate of 9,8 %;

Whereas the applicants have declared to the Committee of Ministers that "they consider that the Court’s judgment has been fully executed" with this payment and that "they waived their right of ownership of "the 104 018 m 2 " of land that has been the object of the conflict;

Having satisfied itself that the amount paid corresponds to the just satisfaction awarded by the Court, increased in order to provide compensation for the loss of value caused by the delay in payment;

Considering furthermore that the Government has informed the Committee of Ministers that the experts have been paid the amount awarded by the Court in its judgment of 31 October 1995, in respect of the costs and fees relating to the writing of their report together with 3 210 000 drachmas as default interest,

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