CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 3 juillet 2007

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Casadevall ,   Mr   S. Pavlovschi ,   Mr   L. Garlicki ,   Ms   L. Mijović ,   Mr   J. Šikuta ,   Mrs   P. Hirvelä, judges , and Mrs F. Aracı , Deputy Section Registrar , Having regard to the above application lodged on 23 April 2003, Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together, Having regard to the partial decision of 14 November 2006, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows:       THE FACTS The applicant, Mr Veikko Flemming, is a Finnish national who was born in 1947 and lives in Salo. He was represented before the Court by Ms   P.   Urmas, a lawyer practising in Ollila. The Finnish Government (“the Government”) were represented by their Agent, Mr Arto Kosonen of the Ministry for Foreign Affairs. The circumstances of the case The facts of the case, as submitted by the parties, may be summarised as follows. The applicant was employed by a bank. He was working in the years 1990-91 on the bank’s new campaign to grant loans and to invest in property abroad. On 23   June 1992 the police were informed of suspected offences in respect of credit decisions made without adequate guarantee arrangements, which had led to the bank’s winding-up at the beginning of the 1990s. The criminal investigation was initiated by the police on 7   July   1992. The pre-trial investigations lasted from 7 July 1992 to 9   December 1994 and from 9 April 1996 ending on 9 May 1996. The applicant claims to have been questioned by the police on 17 July 1992, but it is not known in what capacity. On 9 February 1993 he was questioned as a suspect in connection with serious fraud offences. The hearing of the case, which involved about 30 defendants, began in the Salo District Court ( käräjäoikeus , tingsrätten) on 7 March 1995. The proceedings, which included several adjournments, lasted approximately five years in total. The case was heard over a total of 68 or 69 days. The judgment was rendered on 24   March 2000 and it ran to almost 900 pages. The applicant was convicted of misuse of a position of trust and sentenced to a suspended term of four months’ imprisonment and a supplementary fine. All charges relating to serious fraud, etc. were dismissed. The District Court decided to examine the complainant’s, i.e. the bank’s successor, claims for damages in separate civil proceedings. These proceedings are still pending before the national courts. On 4 March 2002 the Turku Court of Appeal ( hovioikeus , hovrätten ), having held an oral hearing during the period 20 August to 29   November   2001, gave judgment. The applicant was acquitted of all charges. On 30 October 2002 the Supreme Court ( korkein oikeus, högsta domstolen ) refused, among others, the complainant leave to appeal. COMPLAINTS The applicant complained under Articles 6 and 13 of the Convention about the length of the criminal proceedings and the lack of an effective remedy in that connection. THE LAW On 18 June 2007 the Court received the following declaration from the Government: “I, Mr Arto Kosonen, Agent of the Government of Finland, declare that the Government of Finland offer to pay ex gratia EUR 8,140 [1] (eight thousand one hundred and forty euros) to Mr Veikko Flemming with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights. This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.” On 29 May 2007 the Court received the following declaration signed by the applicant: “I, Mr Veikko Flemming, the applicant in the above-mentioned case, note that the Government of Finland are prepared to pay me ex gratia the sum of EUR 8,140 (eight thousand one hundred and forty euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights. This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. I accept the proposal and waive any further claims against Finland in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.” The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list. For these reasons, the Court unanimously Decides to strike the application out of its list of cases.   Fatoş Aracı   Nicolas Bratza Deputy Registrar   President [1] This sum includes non-pecuniary damage EUR 7,000 and costs and expenses EUR 640 (inclusive of value-added tax) and EUR 500 (exclusive of value-added tax).