RESOLUTION DH (97) 7

HUMAN RIGHTS

APPLICATION No. 21624/93

O'REILLY AGAINST IRELAND

(Adopted by the Committee of Ministers on 28 January 1997

at the 582nd 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 the report drawn up on 22 February 1995 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 24 September 1992 by Mr Patrick O'Reilly against Ireland (Application No. 21624/93) ;

Whereas on 29 March 1995 the Commission transmitted the said report to the Committee of Ministers and whereas the case has not been referred to the European Court of Human Rights, either by the Commission or by a state entitled to do so under Article 48 of the Convention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; considering, however, that within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 27 September 1995 that this case would not be considered by the Court; whereas the Committee of Ministers is therefore now called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those states having ratified the latter ;

Whereas in his application, as declared admissible by the Commission on 31 August 1994 (final decision as to the admissibility), the applicant complained of the excessive length of certain criminal proceedings ;

Whereas in its report the Commission expressed, by eight votes to one, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention ;

Whereas, at the 549th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by a decision adopted on 20 November 1995, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 1, of the Convention ;

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 2 July 1996 ;

Whereas, at the 571st meeting of the Deputies, the Committee of Ministers held, by a decision adopted on 13 September 1996, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Ireland was to pay the applicant as just satisfaction, within three months, 3 000 Irish pounds in respect of non-pecuniary damage and 9 937 Irish pounds in respect of costs and expenses, namely a total sum of 12 937 Irish pounds and that interest should be payable on any non-paid sum 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 Ireland to inform it of the measures taken following its decisions of 20 November 1995 and 13 September 1996, having regard to Ireland'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 Ireland gave the Committee information about the measures taken in consequence of the Committee's decisions, which information appears in the appendix to this resolution ;

Whereas the Committee of Ministers satisfied itself that on 23 October 1996, within the time-limit set, the Government of Ireland paid the applicant the total sum of 12 937 Irish pounds as just satisfaction,

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

Authorises the publication of the report adopted by the Commission in this case.

Appendix to Resolution DH (97) 7

Information provided by the Government of Ireland

during the examination of the case of O'Reilly

by the Committee of Ministers

The Government of Ireland ensured the distribution of the Commission's report to the authorities concerned in order to prevent the repetition of the violation found in the present case.

Accordingly, the government considers that it has fulfilled its obligations under Article 32 of the Convention.