CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 11 septembre 1995

.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 }       The Committee of Ministers, under the terms of Article 32 (art. 32) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the application lodged on 20 September 1990 by N.M.T., J.B.B. and L.B.A. against Spain (Application No. 17437/90);        Whereas on 30 August 1993 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 (art. 48) of the Convention;        Whereas in their application, as declared admissible by the Commission on 8 January 1993, the applicants complained of the excessive length of their detention on remand;        Whereas in its report adopted on 30 June 1993, the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraph 3 (art. 5-3), of the Convention;        Whereas, at the 505th meeting of the Ministers' Deputies held on 7 January 1994, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the Convention, that there had been in this case a violation of Article 5, paragraph 3 (art. 5-3), of the Convention;        Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 8 July 1994;        Whereas, at the 517th meeting of the Deputies held on 21 September 1994, the Committee of Ministers decided, in accordance with Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of Spain was to pay to each applicant as just satisfaction, within three months, 230 000 Spanish pesetas in respect of non-pecuniary damage and jointly 1 050 000 Spanish pesetas in respect of costs and expenses, namely a total sum of 1 740 000 Spanish pesetas;        Having regard to the Interim Resolution DH (95) 18, adopted at the 530th meeting of the Deputies held on 2 March 1995, whereby the Committee of Ministers decided to make public, in the present case, the decision under Article 32, paragraph 1 (art. 32-1), of the Convention taken in the course of the Deputies' 505th meeting, as well as the Commission's report;        Whereas the Committee of Ministers invited the Government of Spain to inform it of the measures taken following its decisions of 7 January and 21 September 1994, having regard to Spain's obligation under Article 32, paragraph 4 (art. 32-4), of the Convention to abide by them;        Whereas, during the examination of the case by the Committee of Ministers, the Government of Spain gave the Committee information about the measures taken in consequence of the Committee's decisions, which information appears in the appendix to this resolution;        Whereas the Committee of Ministers satisfied itself that, on 2 May 1995, the Government of Spain paid 580 000 Spanish pesetas to each of the two applicants J.B.B. and L.B.A., that is their respective parts of the just satisfaction awarded, and on 5 May 1995 the same sum to N.M.T., whom it had not been possible to locate, into an account opened in his name at the General Office of Deposits, that is a total of 1 740 000 Spanish pesetas as just satisfaction,        Declares, having taken note of the measures taken by the Government of Spain, that it has exercised its functions under Article 32 (art. 32) of the Convention in this case.               Appendix to Final Resolution DH (95) 106            Information provided by the Government of Spain   during the examination of the case of N.M.T., J.B.B. and L.B.A.                   by the Committee of Ministers        Because of the impossibility of finding the applicant N.M.T., despite considerable efforts, the payment of the just satisfaction awarded has been made separately to each applicant.   The 580 000 Spanish pesetas thus due to N.M.T. were put at his disposal, on 5 May 1995, in an account opened at the General Office of Deposits in his name.        The Commission's report has been published in the Boletín de Información - Jurisprudencia de los órganos del Convenio Europeo de Derechos Humanos (June 1995, pp. 3699-3712).   Moreover, the report has been sent out to the judicial authorities concerned by the present case.        The Government of Spain considers that these measures are, in the present case and considering the status of the Convention and of the jurisprudence of the Strasbourg organs in domestic law, sufficient to meet the requirements of Article 53 (art. 53) of the Convention.