RESOLUTION DH (97) 354

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 18 DECEMBER 1996

IN THE CASE OF SCOTT AGAINST SPAIN

(Adopted by the Committee of Ministers on 11 July 1997

at the 597th 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 Scott case delivered on 18 December 1996 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application (No. 21335/93) against Spain, lodged with the European Commission of Human Rights on 2 September 1992 under Article 25 of the Convention by Mr Christopher Ian Scott, a British national, and that the Commission declared admissible the complaint concerning the lawfulness and length of his detention on remand;

Recalling that the case was brought before the Court by the Commission on 18 September 1995

Whereas in its judgment of 18 December 1996 the Court :

– held, by eight votes to one, that there had been no violation of Article 5, paragraph 1, of the Convention;

– dismissed, unanimously, the government’s preliminary objection concerning the non-exhaustion of domestic remedies as regards the complaint under Article 5, paragraph 3, of the Convention;

– held, unanimously, that there has been a violation of Article 5, paragraph 3, of the Convention;

– held, unanimously, that the finding of a violation constitutes adequate satisfaction for any damage suffered by the applicant;

Whereas in its judgment of 18 December 1996 the Court unanimously rejected the remainder of the applicant’s claim for just satisfaction ;

Whereas in its judgment of 18 December 1996 the Court unanimously held that the respondent state was to pay, within three months, 18 000 pounds sterling, less 20 700 French francs to be converted into pounds sterling at the rate applicable on the date of delivery of the present judgment, 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 Spain to inform it of the measures which had been taken in consequence of the judgment of 18 December 1996, having regard to Spain’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 Spain gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;

Having satisfied itself that on 7 March 1997, within the time-limit set, the Government of Spain paid the applicant the sum provided for in the judgment of 18 December 1996,

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

Appendix to Resolution DH (97) 354

Information provided by the Government of Spain

during the examination of the Scott case

by the Committee of Ministers

The judgment of the European Court of Human Rights has been published in the Information Bulletin (No. 1793, pp. 798 and 799 of 15 March 1997) of the Ministry of Justice.

The government is of the opinion that this will prevent the repetition of the kind of violation found in the present case and consider, accordingly, that it has fulfilled its obligations under Article 54 of the Convention.