RESOLUTION DH (96) 607

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 19 JULY 1995

IN THE CASE OF KEROJÄRVI AGAINST FINLAND

(Adopted by the Committee of Ministers on 15 November 1996

at the 576th 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 Kerojärvi case delivered on 19 July 1995 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application (No. 17506/90) against Finland, lodged with the European Commission of Human Rights on 25 August 1990 under Article 25 of the Convention by Mr Erkki Kerojärvi, a Finnish national, and that the Commission declared admissible the complaint under Article 6, paragraph 1, of the Convention relating to the non-communication of documents in the proceedings before the Supreme Court ;

Recalling that the case was brought before the Court by the Government of the Republic of Finland on 10 June 1994 ;

Whereas, in its judgment of 19 July 1995, the Court unanimously :

– held that Article 6, paragraph 1, of the Convention applied to the present case ;

– held that there had been a violation of Article 6, paragraph 1, of the Convention ;

– held that the above finding of a violation constituted in itself sufficient just satisfaction of the applicant's claim in respect of non-pecuniary damage ;

– held that Finland was to pay, within three months, 73 144 Finnish marks, together with value-added tax, for legal fees and expenses incurred in the Strasbourg proceedings, less 7 350 French francs to be converted into Finnish marks at the rate applicable on the date of delivery of the present judgment;

– dismissed the remainder of the claim for just satisfaction ;

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 Finland to inform it of the measures which had been taken in consequence of the judgment of 19 July 1995, having regard to Finland'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 Finland 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 17 August 1995, within the time-limit set, the Government of Finland paid the applicant the sum provided for in the judgment of 19 July 1995,

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

Appendix to Resolution DH (96) 607

Information provided by the Government of Finland

during the examination of the case of Kerojärvi

by the Committee of Ministers

Following the judgment of the European Court of Human Rights, the Insurance Court ( vakuutusoikeus - försäkringsdomstolen ) has adopted new Rules of Procedure on 30 October 1995 providing that an appellant shall always have the right to comment upon the opinions submitted by the Compensation Office ( tapaturmavirasto - olycksfallsverket ). The Rules furthermore provide that the appellant shall be informed of any additional material gathered ex officio by the Insurance Court and shall, in general, have a right to submit comments regarding this material.

The Government notes that the Convention has direct effet in Finnish law and that the domestic law should be interpreted in accordance with the judgments of the European Court of Human Rights (see the judgments of 2 June 1992, KKO:1992:73, of 31 May 1995, and KKO 1995:95, of 6 November 1995 in case S94/1347 (not yet published)). Furthermore, in order to ensure that the jurisprudence of the European Court is easily accessible notably to courts and other authorities as well as to practising lawyers and applicants, the Finnish abstract of the Kerojärvi judgment has been entered into the legal database “Finnlex”.

In view of these developments the Government of Finland considers it unlikely that a similar violation will take place, and that Finland has accordingly complied with its obligations under Article 53 of the Convention in this respect.