CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 17 décembre 2001

.s800EAC49 { font-size:12pt } .s776E10E7 { margin-top:0pt; margin-left:18pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sBB9EE52A { font-family:Arial } .sA36B60A1 { font-family:Arial; font-style:italic } .s5C5E66B9 { font-family:Arial; font-size:8pt; font-style:italic; vertical-align:super } .sFE832CA2 { margin-top:0pt; margin-left:18pt; margin-bottom:0pt } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } .s32563E28 { margin-top:0pt; margin-bottom:0pt } Final Resolution ResDH(2001)153 Human Rights Application No. 31106/96 Marangos against Cyprus   (Adopted by the Committee of Ministers on 17 December 2001 at the 775 th meeting of the Ministers’ Deputies)     The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”), Having regard to Interim Resolution DH (98) 312, adopted on 25 September 1998 in the case of Marangos against Cyprus, in which the Committee of Ministers decided to make public the report of the European Commission of Human Rights, and that there had been a violation of Article 8, of the Convention due to the fact that the prohibition on male homosexual activity constituted a continuing interference with his right to respect for private life; 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 applicant, proposals supplemented by a letter of the President of the Commission dated 16 December 1998; Whereas at the 672 nd meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 9 June 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, 1 000 Cyprus pounds in respect of non-pecuniary damage and 1 134 Cyprus pounds in respect of costs and expenses, namely a total sum of 2 134 Cyprus pounds, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant; Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 25 September 1998 and 9 June 1999, having regard to Cyprus’ obligation under former Article 32, paragraph 4, of the Convention to abide by them; Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state accordingly gave the Committee information about the measures taken in consequence of the Committee’s decisions taken to avoid new violations of the same kind as the one found in this case (this information appears in the appendix to this resolution); Noting with satisfaction that the Republic of Cyprus has taken note of the concerns expressed in the Committee of Ministers regarding the first amendment of the Criminal Code of 1998 by adopting a further amendment in 2000 and by keeping the area under review; Whereas the Committee of Ministers satisfied itself that on 31 August 1999, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 2 134 Cyprus pounds as just satisfaction, Declares, after having taken note of the measures taken by the Government of Cyprus, that it has exercised its functions under former Article 32 of the Convention in this case.   Appendix to Final Resolution ResDH(2001)153 Information provided by the Government of Cyprus during the examination of the Marangos case by the Committee of Ministers Following the judgment of the European Court of Human Rights in this case, the text thereof was disseminated to all the courts and authorities concerned, in particular the prosecutor’s office, in order to ensure as quickly as possible that the requirements of the Convention hence taken into account so as to prevent as far as possible new similar violations awaiting the necessary legislative changes. A first law No. 40(1) of 1998 was adopted on 21 May 1998 amending the impugned section 171 of the Cyprus Criminal code. A further amendment to this section came into force on 16 June 2000 (under Amending Law 77 (1)/2000) notably introducing further clarifications as to the limits of the individual’s private sphere. The new statutory definition given by the Criminal Code in section 171 now reads as follows: (1) Sexual intercourse between males constitutes a felony punishable with five years imprisonment if it is performed in public, or, where one of the persons is under the age of eighteen, whatever the place of its performance; (2) Sexual intercourse between males constitutes a felony punishable with imprisonment for seven years, if it is performed by abusing a relationship of dependency derived from any service, or by an adult seducing a person under the age of eighteen, or for the purposes of gain or by profession. (3) For the purposes of this section the term “in public” means a place that can be viewed by the public or to which the public are entitled or permitted to have access with or without any condition. The Government of the Republic of Cyprus considers that the measures taken will prevent the repetition of any new violations similar to that found in this case and that it has therefore fulfilled its obligations under former Article 53, of the Convention. The government notes, however, the developments of the European Court of Human Rights’ case-law in this area and the ongoing discussion in various fora, including the Parliamentary Assembly of the Council of Europe. As the Convention has to be interpreted in the light of current circumstances, the Government will keep the need for appropriate further developments under review.