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CASE OF MEGYERI AGAINST GERMANY

Doc ref: 13770/88 • ECHR ID: 001-55555

Document date: November 10, 1992

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CASE OF MEGYERI AGAINST GERMANY

Doc ref: 13770/88 • ECHR ID: 001-55555

Document date: November 10, 1992

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 Megyeri case delivered on 12 May 1992 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

the Federal Republic of Germany lodged with the European

Commission of Human Rights on 22 October 1986 under Article 25

(art. 25) of the Convention by Mr Zoltan Istvan Megyeri, a

Hungarian citizen, who complained of the failure to appoint a

lawyer to assist him in different sets of proceedings relating

to his detention in a mental institution;

Recalling that the case was brought before the Court by the

Commission on 19 April 1991;

Whereas in its judgment of 12 May 1992 the Court

unanimously:

- held that there had been a violation of Article 5,

paragraph 4 (art. 5-4), of the Convention;

- held that Germany was to pay to the applicant, within

three months, 5 000 Deutschmarks in respect of non-

pecuniary damage and the sum of 21 000 Deutschmarks

less 6 900 French francs, together with any value-

added tax that may be due, in respect of costs and

expenses;

- 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 (art. 54) of

the Convention;

Having invited the Government of Germany to inform it of the

measures which had been taken in consequence of the judgment of

12 May 1992, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Germany 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 the Government of Germany

has paid the applicant the sums provided for in the judgment,

Declares, after having taken note of the information

provided by the Government of Germany, that it has exercised its

functions under Article 54 (art. 54) of the Convention in this

case.

Appendix to Resolution DH(92)62

Information provided by the Government of Germany

during the examination of the Megyeri case

by the Committee of Ministers

A German translation of the Court's judgment was brought to

the attention of the judicial authorities of the Länder to inform

them of the Court's interpretation of Article 5, paragraph 4

(art. 5-4), of the Convention in this case.

The sum awarded by the Court in respect of non-pecuniary

damage was paid to the applicant's guardian on 10 June 1992. The

sum awarded in respect of costs and expenses (26 606,94

Deutschmarks) was also paid to the applicant's lawyer on

10 June 1992.

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