CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 9 décembre 1988

.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 Ekbatani case, delivered on 26 May 1988 and transmitted the same day to the Committee of Ministers;   Recalling that the case originated in an application against the Kingdom of Sweden lodged with the European Commission of Human Rights on 20 June 1983 under Article 25 (art. 25) of the convention by Mr John Ekbatani, a citizen of the United States of America, who complained inter alia that the Court of Appeal for Western Sweden had determined a criminal charge against him without a hearing, in violation of Article 6, paragraph 1 (art. 6-1), of the convention;   Recalling that the case was brought before the Court by the Government of Sweden on 5 December 1986 and by the Commission on 12 December 1986;   Whereas in its judgment of 26 May 1988 the Court:   - held, by ten votes to six, that Article 6, paragraph 1 (art. 6-1), had been violated;   - held, unanimously, that the respondent State was to pay to the applicant, in respect of costs and expenses, 112 500 Swedish crowns less 24 216 French francs and 57 centimes, to be converted into Swedish crowns at the rate applicable on the date of delivery of the judgment;   - rejected the remainder of the claim for just satisfaction;   Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the convention;   Having invited the Government of Sweden to inform it of the measures which had been taken in consequence of the judgment, having regard to its obligation under Article 53 (art. 53) of the convention to abide by it;   Whereas, during the examination of the case by the Committee of Ministers, the Government of Sweden gave the Committee the information set out in the appendix to this resolution;   Having satisfied itself that the Government of Sweden has paid to the applicant the sum provided for in the judgment,   Declares, after having taken note of the information supplied by the Government of Sweden, that it has exercised its functions under Article 54 (art. 54) of the convention in this case.   Appendix to Resolution DH (88) 21   Information provided by the Government of Sweden during the examination of the Ekbatani case before the Committee of Ministers   The provisions of the Swedish Code of Judicial Procedure concerning hearings at appellate level were amended by an Act of 29 March 1984 (Svensk författningssamling 1984:131).   The amendments entered into force on 1 July 1984.   The Code, as amended, provides that in a criminal case the Court of Appeal may dispose of an appeal on the merits without a hearing:   1.       if the prosecutor appeals only for the benefit of the accused,   2.       if an appeal brought by the accused is supported by the opposing party,   3.       if the appeal is plainly unfounded, or   4.       if no cause exists to hold the accused legally liable, or to impose a sanction upon him, or to impose a sanction other than a fine or conditional sentence, or a combination of such sanctions.   However, it is also stipulated that if, in such a case, a party has requested a hearing, this shall take place unless manifestly unnecessary.   The Government of Sweden is confident that as a result of the above-mentioned amendment of the Code of Judicial Procedure, breaches of the convention of the kind found in the Ekbatani case will not occur again.   The sum of 87 666 Swedish crowns (that is, 112 500 Swedish crowns less 24 216 French francs and 57 centimes) was paid to the applicant's lawyer on 9 June 1988.