CEDHCASELAW;RESOLUTIONS;EXECUTION;ENG17
CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 28 juin 1985
- ECLI
- ECLI:CEDH:001-55433
- Date
- 28 juin 1985
- Publication
- 28 juin 1985
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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privées · visibles par vous seulRésumé structuré
version préliminaireFaits
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Procédure
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Question juridique
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Solution
source officielleInformation given by the government concerning measures taken to prevent new violations. Payment of the sums provided for in the friendly settlement.
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Texte intégral
.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 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.    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;RESOLUTIONS;EXECUTION;ENG
- Formation
- 17
- Date
- 28 juin 1985
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-55433
Données disponibles
- Texte intégral