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PHILIS I AND II AGAINST GREECE

Doc ref: 15264/89;16598/90 • ECHR ID: 001-49418

Document date: January 11, 1995

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PHILIS I AND II AGAINST GREECE

Doc ref: 15264/89;16598/90 • ECHR ID: 001-49418

Document date: January 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 reports drawn up by the European

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

of the Convention relating to the applications lodged on 20 June

1989 (Application No. 15264/89) and on 6 April 1990 (Application

No. 16598/90) by Mr Nicholas Philis against Greece;

Whereas on 22 and 31 March 1993 the Commission transmitted the

said reports 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 his applications, as declared admissible by the

Commission on 1 and 7 July 1992 (final decisions as to the

admissibility of the applications), the applicant complained of the

excessive length of certain criminal proceedings (in both

applications) and of the absence of an effective remedy (only in

Application No. 15264/89);

Whereas in its reports adopted on 10 February 1993, the

Commission expressed, unanimously, the opinion that there had been

a violation of Article 6, paragraph 1 (art. 6-1), of the Convention

in both applications and that it was not necessary to examine the

case under Article 13 (art. 13) of the Convention;

Whereas, at the 499th meeting of the Ministers' Deputies, held

on 15 October 1993, 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 these

cases a violation of Article 6, paragraph 1 (art. 6-1), 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 15 April 1994;

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

20 September 1994, the Committee of Ministers decided, in

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

Convention, that the Government of Greece was to pay the applicant

as just satisfaction, within three months, 1 000 000 Greek drachmas

in respect of non-pecuniary damage and 50 000 Greek drachmas in

respect of costs and expenses, namely a total sum of

1 050 000 Greek drachmas;

Whereas the Committee of Ministers invited the Government of

Greece to inform it of the measures taken following its decisions

of 15 October 1993 and 20 September 1994, having regard to Greece's

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

Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that on

21 November 1994 the Government of Greece paid the applicant the

total sum of 1 050 000 Greek drachmas as just satisfaction,

Declares, having taken note of the measures taken by the

Government of Greece, that it has exercised its functions under

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

Authorises the publication of the report adopted by the

Commission in this case.

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