RESOLUTION DH (98) 88

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 27 NOVEMBER 1997 IN THE CASE OF K.-F. AGAINST GERMANY

(Adopted by the Committee of Ministers on 22 April 1998 at the 626th 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 K.-F. case delivered on 27 November 1997 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 25629/94) against Germany, lodged with the European Commission of Human Rights on 14 December 1993 under Article 25 of the Convention by Mr K.-F., a German national, and that the Commission declared admissible the complaints that the applicant's arrest and subsequent detention at Cochem-Zell police station were unlawful;

Recalling that the case was brought before the Court by the Commission on 28 October 1996;

Whereas in its judgment of 27 November 1997, the Court:

_ dismissed, by seven votes to two, the Government's preliminary objection;

_ held, unanimously, that there had been a violation of Article 5, paragraph 1 (c) of the Convention;

_ held, unanimously, that this judgment constituted in itself sufficient just satisfaction in respect of any non-pecuniary damage suffered;

_ held, unanimously, that the respondent State was to pay the applicant, within three months, 10 000 German marks in respect of costs and expenses and that simple interest at an annual rate of 4 % would be payable on that sum from the expiry of the above-mentioned three months until settlement;

_ dismissed, unanimously, 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 27 November 1997, having regard to Germany's obligation under Article 53 of the Convention to abide by it;

Having satisfied itself that on 20 February 1998, within the time-limit set, the Government of the respondent State paid the applicant the sum provided for in the judgment of 27 November 1997,

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