RESOLUTION DH (97) 220

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 19 FEBRUARY 1996

IN THE CASE OF BOTTEN AGAINST NORWAY

(Adopted by the Committee of Ministers on 15 May 1997

at the 590th 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 Botten case delivered on 19 February 1996 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 16206/90) against Norway, lodged with the European Commission of Human Rights on 22 December 1989 under Article 25 of the Convention by Mr Harald Ståle Botten, a Norwegian national, and that the Commission declared admissible the complaint that he did not have a fair hearing before the Supreme Court in the determination of a criminal charge brought against him ;

Recalling that the case was brought before the Court by the Commission on 8 December 1994 and by the Government of Norway on 16 January 1996;

Whereas in its judgment of 19 February 1996 the Court :

– dismissed, unanimously, the government’s preliminary objection;

– held, by seven votes to two, that there had been a violation of Article 6, paragraph 1, of the Convention;

– held, unanimously, that it was not necessary to make an award 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 Norway to inform it of the measures which had been taken in consequence of the judgment of 19 February 1996, having regard to Norway’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 Norway gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution,

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