FINAL RESOLUTION DH (98) 81

HUMAN RIGHTS

APPLICATION No. 21370/93

GUSTAFSSON AGAINST SWEDEN

(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 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (97) 359, adopted on 11 July 1997 in the case of Gustafsson against Sweden in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 17 September 1997;

Whereas, at the 610th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held, by decision adopted on 15 December 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Sweden was to pay the applicant as just satisfaction, within three months, the total sum of 36 000 Swedish crowns for non-material damage, material damage and costs and expenses, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the Government of Sweden to inform it of the measures taken following its decisions of 11 July 1997 and 15 December 1997, having regard to Sweden’s obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas, during the examination of the case by the Committee of Ministers, the Government of Sweden accordingly recalled that measures had been taken to prevent the repetition of the violation found in this case, notably through dissolving the Supreme Insurance Court ( Försäkringsöverdomstolen ) and allowing the Supreme Administrative Court to take over its tasks. In addition, the Commission’s report as well as the Committee of Ministers’ decisions have been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 28 January 1998, within the time limit set, the Government of Sweden paid the applicant the total sum of 36 000 Swedish crowns as just satisfaction,

Declares, having taken note of the measures taken by the Government of Sweden, that it has exercised its functions under Article 32 of the Convention in this case.