CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 21 septembre 1994

.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 Diaz Ruano case delivered on 26 April 1994 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against Spain lodged with the European Commission of Human Rights on 12 July 1990 under Article 25 (art. 25) of the Convention by Mr Antonio Diaz Ruano, a Spanish national, and that the Commission declared admissible, on the one hand, the complaint according to which the circumstances surrounding the death of the applicant's son constituted a breach of the right to life and, on the other hand, the complaint according to which the applicant's son had been subject to torture and inhuman and degrading treatment while in police custody;        Recalling that the case was brought before the Court by the Commission on 8 December 1993;        Whereas in its judgment of 26 April 1994, the Court, after having taken formal note of a friendly settlement reached by the Government of Spain and the applicant and having found that there were no reasons of public policy justifying the continuation of the proceedings, decided unanimously to strike the case out of its list;         Whereas under the above-mentioned friendly settlement it was agreed that:        "1.   In case No. 16988/90 examined by the European Commission      of Human Rights, which adopted its report relating thereto on      31 August 1993, the Kingdom of Spain undertakes to pay the      applicant the sum of 6 000 000 pesetas on account of the      events which gave rise to the application.        2.    The payment of the above sum which covers all the costs      and expenses incurred by the applicant, shall be made as an ex      gratia settlement and shall not in any way constitute an      acknowledgement by the Spanish authorities that the provisions      of the Convention have been violated in the aforesaid case.        3.    Regard being had to the undertaking given in paragraph 1,      the applicant and the Spanish Government request the European      Court of Human Rights to strike case No. 42/1993/437/516 out      of the list under Rule 49, paragraph 2, of the Rules of Court,      since the agreement reached is of a kind to provide a solution      of the matter.        4.    In addition, the applicant declares that he considers the      case settled and that he will not institute any further      proceedings before the national or international authorities      in respect of the events which gave rise to the above      application."        Recalling that Rule 49, paragraph 3, of the Rules of the Court 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 satisfied itself that on 22 June 1994 the Government of Spain paid the applicant the sum provided for in the friendly settlement,        Declares that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.