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S. AGAINST SWEDEN

Doc ref: 16226/90 • ECHR ID: 001-49368

Document date: December 14, 1993

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Cited paragraphs: 0
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S. AGAINST SWEDEN

Doc ref: 16226/90 • ECHR ID: 001-49368

Document date: December 14, 1993

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 May 1987

by Mr S. against Sweden (Application No. 16226/90);

Whereas on 9 October 1992 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 his application the applicant complained, inter

alia, of the absence of a right to a court examination of the

government's decision of 29 January 1987 to reject his request for

a permit to keep 400 reindeer;

Whereas the Commission declared the application admissible on

8 July 1991 and in its report adopted on 2 September 1992 expressed

unanimously the opinion that there had been in this case a

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

Whereas, at the 487th meeting of the Ministers' Deputies held

on 26 January 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 this case 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 6 July 1993;

Whereas on 21 September 1993 the Committee of Ministers held,

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

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

within three months 10 000 Swedish crowns in respect of

non-pecuniary damage and 15 000 Swedish crowns for legal costs;

Whereas the Committee of Ministers invited the Government of

Sweden to inform it of the measures taken following its decisions

of 26 January and 21 September 1993, having regard to Sweden's

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

Convention to abide by them;

Whereas the Government of Sweden informed the Committee of

Ministers that as from 1 June 1988, it is possible, under the Act

of 21 April 1988 on Judicial Review of Certain Administrative

Decisions, to obtain a court review of the decisions taken by the

government under the 1971 Reindeer Husbandry Act, namely decisions

of the same type as the one at issue in the present case;

Whereas the Committee of Ministers satisfied itself that on

20 October 1993 the Government of Sweden paid the applicant the

total sum of 25 000 Swedish crowns in respect of just satisfaction,

Declares, having taken note of the measures taken by the

Government of Sweden, 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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