COUNCIL OF EUROPE

COMMITTEE OF MINISTERS

RESOLUTION DH (97) 576

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 25 MAY 1993

IN THE CASE OF KOKKINAKIS 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 judgment of the European Court of Human Rights in the Kokkinakis case delivered on 25 May 1993 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application (No. 14307/88) against Greece, lodged with the European Commission of Human Rights on 22 August 1988 under Article 25 of the Convention by Mr Minos Kokkinakis, a Greek national, and that the Commission declared admissible the complaints that his conviction for proselytism was in breach with the rights secured  in Article 7, with the freedom of expression as secured in Article 9 of the Convention and with the freedom of expression as secured in Article 10 of the Convention ;

Recalling that the case was brought before the Court by the Commission on 21 February 1992 ;

Whereas in its judgment of 25 May 1993 the Court unanimously :

– held, by six votes to three, that there had been a breach of Article 9 of the Convention ;

– held, by eight votes to one, that there had been no breach of Article 7 of the Convention ;

– held unanimously that it was unnecessary to examine the case under Article 10 of the Convention or under Article 14 taken together with Article 9 of the Convention ;

– held unanimously that the respondent State was to pay the applicant, within three months, 400 000 drachmas for non-pecuniary damage and 2 789 500 drachmas for costs and expenses ;

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 Greece to inform it of the measures which had been taken in consequence of the judgment of 25 May 1993, having regard to Greece'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 Greece gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment, which information appears in the appendix to this resolution;

Having satisfied itself that on 9 August 1993, the Government of Greece paid the applicant the sums provided for in the judgment of 25 May 1993,

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.

Appendix to Resolution DH (97) 576

Information provided by the Government of Greece

during the examination of the Kokkinakis case

by the Committee of Ministers

In order to draw the attention of Courts and Attorneys to their obligations under the judgment of the European Court of Human Rigths, this judgment was transmitted on 3 August 1993 by circular letter of the Ministry of Justice to the President and the Public Prosecutor of the Court of Cassation, to the Presidents and Public Prosecutors of the Courts of Appeals as well as to the Presidents and Public Prosecutors Courts of first instance.

Following this dissemination, the prosecutors and the indictment chambers of the tribunals have adapted their interpretation of Greek legislation to the requirements set by the Court's judgment so that the tribunals were involved only in very few cases of proselytism and that no conviction has been pronounced in a case similar to the Kokkinakis case. Since 1994, there have been only two convictions for proselytism to minors.

The Government or Greece is of the opinion that, given the direct effect attributed to the Court's judgment, there is no more risk of repetition of the violation found.

In the light of the above, the government considers that Greece has complied with its obligations under Article 53 of the Convention as a result of the Court's judgments.