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SKOOGSTRÖM CASE

Doc ref: 8582/79 • ECHR ID: 001-55433

Document date: June 28, 1985

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Cited paragraphs: 0
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SKOOGSTRÖM CASE

Doc ref: 8582/79 • ECHR ID: 001-55433

Document date: June 28, 1985

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 Skoogström case (friendly settlement), delivered on

2 October 1984 and transmitted the same day to the Committee of

Ministers;

Recalling that the case had its origin in an application against

Sweden, lodged with the European Commission of Human Rights, under

Article 25 (art. 25) of the convention, by a Swedish national,

Mr Owe Skoogström, alleging among other things that he had neither

been "brought promptly before a judge or other officer authorised by

law to exercise judicial power" nor brought to trial "within a

reasonable time", in breach of Article 5, paragraph 3 (art. 5-3),

of the convention;

Whereas in its judgment of 2 October 1984 the Court, having taken

formal note of the friendly settlement reached between the Swedish

Government and the applicant and having underlined that it had no

cause to believe that the settlement did not reflect the free will of

the applicant and that it did not see any reason of public policy

(ordre public) sufficiently compelling to warrant its proceeding to

consider the merits of the case, decided by four votes to three to

strike the case off the list;

Recalling that Rule 48, paragraph 3, of the Rules of Court of the

European Court of Human Rights 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 invited the Government of Sweden to inform it of the measures

taken for the execution of the undertakings attached to the solution

of the case;

Whereas, during the examination of this case by the Committee of

Ministers, the Government of Sweden informed the Committee of the

measures taken, which information appears in the appendix to this

resolution,

Declares, having taken note of this information, that it has exercised

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

Appendix to Resolution DH (85) 16

Information provided by the Government of Sweden

during the examination of the Skoogström case

before the Committee of Ministers

Following the friendly settlement, the Government of Sweden has

accepted to pay Mr Skoogström for his legal costs the sum of

5 000 SK. The settlement was signed on 19 March 1984 by the agent of the

Government and the lawyer for the applicant. On 29 March the

Government decided to pay the amount.

In the friendly settlement reference was made to the Swedish

Commission for Revision of certain parts of the Code of Judicial

Procedure, established in the spring of 1983. The Swedish Commission

has been informed about the report of the European Commission of Human

Rights and asked to propose and work out the details for such

amendments to the code as are required in order to put it beyond any

doubt that it is in conformity with Article 5, paragraph 3

(art. 5-3), of the convention. In the meantime, the Government has

seen to it that the National Board of the Judiciary and the Chief

Prosecutor publish a summary of the Commission's report so as to

enable the judiciary and the prosecutors to avoid creating situations

which had been found to constitute a violation of the said article

(art. 5-3).

The Swedish Commission has held meetings in various parts of Sweden

informing the police, the prosecutors and the courts of the reports of

the European Commission and of the European Court of Human Rights.

The reports have also been published in professional publications for

police, prosecutors and judges.

The lawyer for the applicant has been assigned to assist the Swedish

Commission for Revision of certain parts of the Code of Judicial

Procedure. In a letter to the Court, the lawyer has said that he is

well aware of the efforts made in order to bring the code in

conformity with the convention as soon as possible.

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