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 Hadjianastassiou case delivered on 16 December 1992 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application (No. 12945/87) against Greece lodged with the European Commission of Human Rights on 17 December 1986, under Article 25 (art. 25) of the Convention by Mr Constantinos Hadjianastassiou, a Greek national, and that the Commission declared admissible his complaints regarding the lack of reasons in the judgment of the Courts-Martial Appeal Court; regarding the shortness of the time-limit for lodging an appeal; and regarding his conviction for disclosure of military secrets of secondary importance;        Recalling that the case was brought before the Court by the Commission on 12 July 1991;        Whereas in its judgment of 16 December 1992 the Court unanimously:        - held that there had been a violation of paragraphs 1 and 3.b of Article 6 (art. 6-1, art. 6-3-b), taken together;        - held that there had been no violation of Article 10 (art. 10);        - held that the respondent state was to pay to the applicant, within three months, for costs and expenses 29 260 French francs and 520 000 drachmas;        - rejected the remainder of the applicant's claims 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 Greece to inform it of the measures which had been taken in consequence of the judgment of 16 December 1992, having regard to Greece'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 Greece 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 Greece paid the applicant, within the time limit set, the sum provided for in the judgment of 16 December 1992,        Declares, after having taken note of the information supplied by the Government of Greece, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (95) 213           Information provided by the Government of Greece        during the examination of the Hadjianstassiou case                   by the Committee of Ministers        The new Military Criminal Code was ratified by Act 22870/95 which was published in the official journal on 1 February 1995 and which entered into force on the same day.        According to the new code, the time limit for filing an appeal to the Court of Cassation is no longer five days from the delivery of the judgment as under the old code (see paragraphs 24 and 26 of the Court's judgment), but twenty days from the entering of the transcription of the elements of the judgment in a special register kept by the registry of the court in question (see Article 212, paragraph 1, of the new Military Criminal Code).        The Greek Government considers that this change will prevent the repetition of violations of the kind found by the Court in the present case.