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CASE OF DÍAZ RUANO AGAINST SPAIN

Doc ref: 16988/90 • ECHR ID: 001-55596

Document date: September 21, 1994

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 0

CASE OF DÍAZ RUANO AGAINST SPAIN

Doc ref: 16988/90 • ECHR ID: 001-55596

Document date: September 21, 1994

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention 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 Diaz Ruano case delivered on 26 April 1994 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Spain lodged with the European Commission of Human Rights on

12 July 1990 under Article 25 (art. 25) of the Convention by

Mr Antonio Diaz Ruano, a Spanish national, and that the Commission

declared admissible, on the one hand, the complaint according to

which the circumstances surrounding the death of the applicant's

son constituted a breach of the right to life and, on the other

hand, the complaint according to which the applicant's son had been

subject to torture and inhuman and degrading treatment while in

police custody;

Recalling that the case was brought before the Court by the

Commission on 8 December 1993;

Whereas in its judgment of 26 April 1994, the Court, after

having taken formal note of a friendly settlement reached by the

Government of Spain and the applicant and having found that there

were no reasons of public policy justifying the continuation of the

proceedings, decided unanimously to strike the case out of its

list;

Whereas under the above-mentioned friendly settlement it was

agreed that:

"1. In case No. 16988/90 examined by the European Commission

of Human Rights, which adopted its report relating thereto on

31 August 1993, the Kingdom of Spain undertakes to pay the

applicant the sum of 6 000 000 pesetas on account of the

events which gave rise to the application.

2. The payment of the above sum which covers all the costs

and expenses incurred by the applicant, shall be made as an ex

gratia settlement and shall not in any way constitute an

acknowledgement by the Spanish authorities that the provisions

of the Convention have been violated in the aforesaid case.

3. Regard being had to the undertaking given in paragraph 1,

the applicant and the Spanish Government request the European

Court of Human Rights to strike case No. 42/1993/437/516 out

of the list under Rule 49, paragraph 2, of the Rules of Court,

since the agreement reached is of a kind to provide a solution

of the matter.

4. In addition, the applicant declares that he considers the

case settled and that he will not institute any further

proceedings before the national or international authorities

in respect of the events which gave rise to the above

application."

Recalling that Rule 49, paragraph 3, of the Rules of the Court

provides that the striking out of a case shall be effected by means

of a judgment which the President shall forward to the Committee of

Ministers in order to allow it to supervise, in accordance with

Article 54 (art. 54) of the Convention, the execution of any

undertakings which may have been attached to the discontinuance or

solution of the matter;

Having satisfied itself that on 22 June 1994 the Government of

Spain paid the applicant the sum provided for in the friendly

settlement,

Declares that it has exercised its functions under Article 54

(art. 54) of the Convention in this case.

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