RESOLUTION DH (97) 577

CONCERNING THE JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 9 DECEMBER 1994 AND 1 SEPTEMBER 1997

IN THE CASE OF THE HOLY MONASTERIES AGAINST GREECE

(Adopted by the Committee of Ministers on 15 December 1997

at the 610th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion 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 Holy Monasteries case delivered on 9 December 1994 and 1 September 1997 and transmitted the same days to the Committee of Ministers ;

Recalling that the case originated in two applications (Nos. 13092/87 and 13984/88) against Greece, lodged with the European Commission of Human Rights on 16 July 1987 and 15 May 1988 under Article 25 of the Convention, by eight Greek Orthodox Monasteries, Ano Xenia, Ossios Loukas, Aghia Lavra Kalavryton, Metamorphossis Sotiros, Assomaton Petraki, Chryssoleontissa Eginis, Phlamourion Volou and Mega Spileo Kalavryton, and that the Commission declared admissible their complaint regarding the unlawful transfer to the state of the property of a large part of the agricultural and forest lands of the monasteries which came under the Greek Church ;

Recalling that the case was brought before the Court by the Commission on 7 April 1993 ;

Whereas in its judgment of 9 December 1994, the Court unanimously:

– dismissed the government's preliminary objections ;

– held that there had been a violation of Article 1, of Protocol No 1, in respect of the applicant monasteries not parties to the agreement of 11 May 1988 ;

– held that there had been no violation of Article 1, of Protocol No. 1, in respect of the applicant monasteries parties to the agreement of 11 May 1988 ;

– held that there had been a violation of Article 6, paragraph 1, of the Convention in relation to the first complaint of the applicant monasteries not parties to the agreement of 11 May 1988 ;

– held that it was not necessary to examine the second complaint of the applicant monasteries not parties to the agreement of 11 May 1988 relating to Article 6, paragraph 1 ;

– held that there had been no violation of Articles 9, 11 and 13 of the Convention ;

– held that there had been no violation of Article 14 taken together with Articles 6, 9 and 11 of the Convention and Article 1 of Protocol No. 1, in respect of the distinction between the applicant monasteries that come under the Greek Church and the monasteries that come under the patriarchates mentioned in paragraph 92 of the judgment ;

– held that it was not necessary to rule on the complaint based on Article 14 of the Convention taken together with the same articles in respect of the distinction between the applicant monasteries that are parties to the agreement of 11 May 1988 and those that are not ;

– held that the Government of Greece was to pay the applicant monasteries not parties to the agreement of 11 May 1988, within three months, 8 400 000 drachmas in respect of costs and expenses ;

– held, finally, that the question of the application of Article 50 of the Convention was not ready for decision in respect of pecuniary damage and reserved it in this respect ;

Whereas in its judgment of 1 September 1997 the Court, after having taken formal note of a friendly settlement reached by the Government of Greece and the applicants monasteries not parties to the agreement of 11 May 1988 and having found that there were no reasons of public policy justifying the continu ­ ation of the proceedings, decided unanimously to strike the case out of its list ;

Whereas under the above ‑ mentioned friendly settlement, Law No. 2413/1996, bringing domestic law into conformity with the Court's judgment, and the Legal Council of State's opinion of 19 May 1996, approved by the Minister of Education and Religious Affairs, clarifying the terms of the above-mentioned law, were adopted ;

Recalling that Rule 49, paragraph 3, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter ;

Having satisfied itself that in February 1995 the Government of Greece paid the applicant monasteries not parties to the agreement of 11 May 1988 the sum provided for in the judgment of 9 December 1994,

Declares that it has exercised its functions under Article 54 of the Convention in this case.