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N.M.T., J.B.B AND L.B.A. AGAINST SPAIN

Doc ref: 17437/90 • ECHR ID: 001-49423

Document date: September 11, 1995

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N.M.T., J.B.B AND L.B.A. AGAINST SPAIN

Doc ref: 17437/90 • ECHR ID: 001-49423

Document date: September 11, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 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 by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the application lodged on

20 September 1990 by N.M.T., J.B.B. and L.B.A. against Spain

(Application No. 17437/90);

Whereas on 30 August 1993 the Commission transmitted the said

report to the Committee of Ministers and whereas the period of

three months provided for in Article 32, paragraph 1 (art. 32-1),

of the Convention has elapsed without the case having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in their application, as declared admissible by the

Commission on 8 January 1993, the applicants complained of the

excessive length of their detention on remand;

Whereas in its report adopted on 30 June 1993, the Commission

expressed, unanimously, the opinion that there had been a violation

of Article 5, paragraph 3 (art. 5-3), of the Convention;

Whereas, at the 505th meeting of the Ministers' Deputies held

on 7 January 1994, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, having voted in

accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a

violation of Article 5, paragraph 3 (art. 5-3), 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 applicants, proposals

supplemented by a letter of the President of the Commission dated

8 July 1994;

Whereas, at the 517th meeting of the Deputies held on

21 September 1994, the Committee of Ministers decided, in

accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of Spain was to pay to each

applicant as just satisfaction, within three months,

230 000 Spanish pesetas in respect of non-pecuniary damage and

jointly 1 050 000 Spanish pesetas in respect of costs and expenses,

namely a total sum of 1 740 000 Spanish pesetas;

Having regard to the Interim Resolution DH (95) 18, adopted at

the 530th meeting of the Deputies held on 2 March 1995, whereby the

Committee of Ministers decided to make public, in the present case,

the decision under Article 32, paragraph 1 (art. 32-1), of the

Convention taken in the course of the Deputies' 505th meeting, as

well as the Commission's report;

Whereas the Committee of Ministers invited the Government of

Spain to inform it of the measures taken following its decisions of

7 January and 21 September 1994, having regard to Spain's

obligation under Article 32, paragraph 4 (art. 32-4), of the

Convention to abide by them;

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

Committee's decisions, which information appears in the appendix to

this resolution;

Whereas the Committee of Ministers satisfied itself that, on

2 May 1995, the Government of Spain paid 580 000 Spanish pesetas to

each of the two applicants J.B.B. and L.B.A., that is their

respective parts of the just satisfaction awarded, and on

5 May 1995 the same sum to N.M.T., whom it had not been possible to

locate, into an account opened in his name at the General Office of

Deposits, that is a total of 1 740 000 Spanish pesetas as just

satisfaction,

Declares, having taken note of the measures taken by the

Government of Spain, that it has exercised its functions under

Article 32 (art. 32) of the Convention in this case.

Appendix to Final Resolution DH (95) 106

Information provided by the Government of Spain

during the examination of the case of N.M.T., J.B.B. and L.B.A.

by the Committee of Ministers

Because of the impossibility of finding the applicant N.M.T.,

despite considerable efforts, the payment of the just satisfaction

awarded has been made separately to each applicant. The

580 000 Spanish pesetas thus due to N.M.T. were put at his

disposal, on 5 May 1995, in an account opened at the General Office

of Deposits in his name.

The Commission's report has been published in the Boletín de

Información - Jurisprudencia de los órganos del Convenio Europeo de

Derechos Humanos (June 1995, pp. 3699-3712). Moreover, the report

has been sent out to the judicial authorities concerned by the

present case.

The Government of Spain considers that these measures are, in

the present case and considering the status of the Convention and

of the jurisprudence of the Strasbourg organs in domestic law,

sufficient to meet the requirements of Article 53 (art. 53) of the

Convention.

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