CEDH · CASELAW;REPORTS;ENG — 9 juillet 1997

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                        EUROPEAN COMMISSION OF HUMAN RIGHTS                               SECOND CHAMBER                          Application No. 20960/92                            Alf Oddmund Antonsen                                   against                                   Norway                          REPORT OF THE COMMISSION                          (adopted on 9 July 1997)                              TABLE OF CONTENTS                                                                    Page   INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1   PART I   :   STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . 3   PART II :   SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . 4                                INTRODUCTION   1.     This Report relates to the application introduced under Article 25 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by Alf Oddmund Antonsen against Norway on 30 June 1992. It was registered on 18 November 1992 under file No. 20960/92.   2.     The applicant was represented by Ms Synnøve Fjellbakk Taftø.   3.     The Government of Norway were represented by their Acting Agent, Mr Frode Elgesem of the Solicitor General's Office.   4.     On 15 January 1997 the Commission (Second Chamber) declared the application partially admissible in so far as it concerns the applicant's complaint that he did not have a fair hearing in the criminal proceedings against him. It then proceeded to carry out its task under Article 28 para. 1 of the Convention which provides as follows:         "In the event of the Commission accepting a petition       referred to it:         a.    it shall, with a view to ascertaining the facts,       undertake together with the representatives of the parties       an examination of the petition and, if need be, an       investigation, for the effective conduct of which the       States concerned shall furnish all necessary facilities,       after an exchange of views with the Commission;         b.    it shall at the same time place itself at the disposal       of the parties concerned with a view to securing a friendly       settlement of the matter on the basis of respect for Human       Rights as defined in this Convention."   5.     The Commission (Second Chamber) found that the parties had reached a friendly settlement of the case and on 9 July 1997 it adopted this Report, which, in accordance with Article 28 para. 2 of the Convention, is confined to a brief statement of the facts and of the solution reached.   6.     The following members were present when the Report was adopted:              Mr     J.-C. GEUS, Acting President            Mrs    G.H. THUNE            MM.    G. JÖRUNDSSON                  A. GÖZÜBÜYÜK                  J.-C. SOYER                  H. DANELIUS                  F. MARTINEZ                  M.A. NOWICKI                  I. CABRAL BARRETO                  J. MUCHA                  D. SVÁBY                  P. LORENZEN                  E. BIELIUNAS                  E.A. ALKEMA                  A. ARABADJIEV                                   PART I                           STATEMENT OF THE FACTS   7.     The applicant is a Norwegian citizen, born in 1942 and resident in Romset, Norway.   8.     On 3 July 1991 the public prosecutor decided to present the applicant with the option of accepting a fine of 1,000 NOK and the confiscation of 4,050 NOK, equivalent to the value of certain fish the applicant had caught allegedly in violation of the provisions of the Act relating to sea-water fisheries (saltvannsfiskeloven) and the Regulation (forskrift) of 16 November 1990 concerning cod fishing with conventional tools in a particular area of Norwegian maritime territory.   9.     The applicant did not accept the fine and proceedings were consequently instituted against him in the District Court (herredsrett) of Vesterålen. By judgment of 5 September 1991 the applicant was acquitted. On 18 September 1991 the public prosecutor lodged an appeal against this judgment. By judgment of 3 April 1992 the Supreme Court (Høyesterett) found the applicant guilty of the charges brought against him and sentenced him to a fine of 1,000 NOK and to submit to the confiscation of 4,050 NOK.   10.    Before the Commission the applicant complained, under Article 6 of the Convention, that he did not have a fair hearing before the Supreme Court because he was convicted following an acquittal without being heard by the Supreme Court.                                   PART II                              SOLUTION REACHED   11.    Following the decision on the admissibility of the application, the Commission (Second Chamber) placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 para. 1 (b) of the Convention and invited the parties to submit any proposals they wished to make.   12.    In accordance with the usual practice, the Chamber Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.   13.    By letters of 25 February and 6 March 1997 the parties indicated their willingness, in principle, to reach a friendly settlement and requested the Commission's assistance in this respect.   14.    By letter of 16 April 1997 the Commission (Second Chamber) informed the parties that, having regard to the relevant case-law and the subject matter of the case, it was of the opinion that it would be reasonable to settle the case on the basis of the payment by the Government of the sum of 15,000 NOK. Furthermore, the Government should pay a sum, to be determined by the parties, which should cover reasonable costs and expenses incurred in the proceedings before the Commission which had not already been covered by the Commission's grant of legal aid.   15.    On 15 May 1997 the Government informed the Commission that they accepted settling the case on the terms suggested by the Commission.   16.    On 28 May 1997 the applicant informed the Commission that he accepted the terms of the friendly settlement set out in the Commission's letter of 16 April 1997.   17.    On 17 June 1997 the Government informed the Commission that the parties had agreed that the Government pay 20,000 NOK in order to cover the applicant's costs and expenses incurred in the proceedings before the Commission.   18.    At its session on 9 July 1997, the Commission (Second Chamber) noted that the parties had reached an agreement regarding the terms of a settlement. It further considered, having regard to Article 28 para. 1 (b) of the Convention, that the friendly settlement of the case had been secured on the basis of respect for Human Rights as defined in the Convention.   19.    For these reasons, the Commission adopted the present Report.      M.-T. SCHOEPFER                               J.-C. GEUS       Secretary                               Acting President to the Second Chamber                       of the Second Chamber