CEDH · CASELAW;RESOLUTIONS;EXECUTION;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 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 Demicoli case delivered on 27 August 1991 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application (No. 13057/87) against Malta lodged with the European Commission of Human Rights on 22 May 1987, under Article 25 (art. 25) of the Convention by Mr Carmel Demicoli, a Maltese national, and that the Commission declared admissible his complaints that the proceedings brought against him before the House of Representatives for breach of privilege had not been fair and public and had not respected the presumption of innocence;        Recalling that the case was brought before the Court by the Commission on 21 May 1990;        Whereas in its judgment of 27 August 1991 the Court unanimously:        - rejected the government's preliminary objection;        - held that Article 6, paragraph 1 (art. 6-1), of the Convention applied in the case and that it had been breached;        - held that it was not necessary to examine the case under Article 6, paragraph 2 (art. 6-2);        - held that the respondent state was to pay to the applicant the sum of 5 000 Maltese lire in respect of costs and expenses;        - dismissed 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 Malta to inform it of the measures which had been taken in consequence of the judgment of 27 August 1991, having regard to Malta's 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 Malta gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;        Having satisfied itself that the Government of Malta paid the applicant on 11 September 1991 the sum provided for in the judgment of 27 August 1991,        Declares, after having taken note of the information supplied by the Government of Malta, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (95) 211            Information provided by the Government of Malta            during the examination of the Demicoli case                   by the Committee of Ministers        An act amending the House of Representatives (Privileges and Powers) Ordinance (Act No. XI of 1995) entered into force on 19 May 1995.   According to the new regulations the power to sanction breaches of the privileges mentioned in the ordinance is transferred to the Court of Magistrates (new Article 11.3.a).   The house keeps only its power to investigate alleged breaches of privileges (new Article 11, paragraphs 1 and 2) and its prerogative to bring the question of breach of privilege before the Court of Magistrates which shall have full jurisdiction to decide it and the sanctions to be imposed (new Article 11.3.a).   It is specified that the use of this prerogative does not in any way mean or imply any expression of guilt or innocence (new Article 11, paragraph 1). The house has only maintained its power to sanction itself breaches of privileges which may be adequately punished with an admonition (new Article 11.3.b).        The Government of Malta considers that the entry into force of these changes has taken away all risk of repetition of the violation found by the Court in the present case.