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EKBATANI CASE

Doc ref: 10563/83 • ECHR ID: 001-55462

Document date: December 9, 1988

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EKBATANI CASE

Doc ref: 10563/83 • ECHR ID: 001-55462

Document date: December 9, 1988

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 Ekbatani case, delivered on 26 May 1988 and transmitted the same

day to the Committee of Ministers;

Recalling that the case originated in an application against the

Kingdom of Sweden lodged with the European Commission of Human Rights

on 20 June 1983 under Article 25 (art. 25) of the convention by

Mr John Ekbatani, a citizen of the United States of America, who

complained inter alia that the Court of Appeal for Western Sweden had

determined a criminal charge against him without a hearing, in

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

Recalling that the case was brought before the Court by the Government

of Sweden on 5 December 1986 and by the Commission on

12 December 1986;

Whereas in its judgment of 26 May 1988 the Court:

- held, by ten votes to six, that Article 6, paragraph 1 (art. 6-1),

had been violated;

- held, unanimously, that the respondent State was to pay to the

applicant, in respect of costs and expenses, 112 500 Swedish crowns

less 24 216 French francs and 57 centimes, to be converted into

Swedish crowns at the rate applicable on the date of delivery of the

judgment;

- rejected 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 Sweden to inform it of the measures

which had been taken in consequence of the judgment, 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 Sweden gave the Committee the information

set out in the appendix to this resolution;

Having satisfied itself that the Government of Sweden has paid to the

applicant the sum provided for in the judgment,

Declares, after having taken note of the information supplied by the

Government of Sweden, that it has exercised its functions under

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

Appendix to Resolution DH (88) 21

Information provided by the Government of Sweden

during the examination of the Ekbatani case

before the Committee of Ministers

The provisions of the Swedish Code of Judicial Procedure concerning

hearings at appellate level were amended by an Act of 29 March 1984

(Svensk författningssamling 1984:131). The amendments entered into

force on 1 July 1984.

The Code, as amended, provides that in a criminal case the Court of

Appeal may dispose of an appeal on the merits without a hearing:

1. if the prosecutor appeals only for the benefit of the accused,

2. if an appeal brought by the accused is supported by the

opposing party,

3. if the appeal is plainly unfounded, or

4. if no cause exists to hold the accused legally liable, or to

impose a sanction upon him, or to impose a sanction other than a fine

or conditional sentence, or a combination of such sanctions.

However, it is also stipulated that if, in such a case, a party has

requested a hearing, this shall take place unless manifestly

unnecessary.

The Government of Sweden is confident that as a result of the

above-mentioned amendment of the Code of Judicial Procedure, breaches

of the convention of the kind found in the Ekbatani case will not

occur again.

The sum of 87 666 Swedish crowns (that is, 112 500 Swedish crowns less

24 216 French francs and 57 centimes) was paid to the applicant's

lawyer on 9 June 1988.

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