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CASE OF HELMERS AGAINST SWEDEN

Doc ref: 11826/85 • ECHR ID: 001-55522

Document date: February 20, 1992

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CASE OF HELMERS AGAINST SWEDEN

Doc ref: 11826/85 • ECHR ID: 001-55522

Document date: February 20, 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 Helmers case delivered on 29 October 1991 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Sweden lodged with the European Commission of Human Rights on

6 February 1985 under Article 25 (art. 25) of the Convention by

Mr Reinhard Helmers, a German national, who complained, inter

alia, of a court of appeal's refusal to grant him his request for

an oral hearing in a criminal procedure he had instituted for

defamation;

Recalling that the case was brought before the Court by the

Commission on 6 April 1990 and by the Government of Sweden on

16 May 1990;

Whereas in its judgment of 29 October 1991 the Court:

- held unanimously that it did not have jurisdiction to

examine the complaints in Mr Helmers' application no 8637/79;

- held by eleven votes to nine that there had been a

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

as a result of the court of appeal's refusal to grant the

applicant's request for an oral hearing;

- held unanimously that Sweden was to pay to the applicant,

within three months, 25 000 Swedish crowns in respect of

non-pecuniary damage;

- dismissed unanimously the remainder of the applicant's

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 Sweden to inform it of the

measures which had been taken in consequence of the judgment of

29 October 1991, having regard to its obligation under Article 53

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

Having satisfied itself that the Government of Sweden has

paid to the applicant on 26 November 1991 the sum provided for

in the judgment,

Declares that it has exercised its functions under

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

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