CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 20 novembre 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 Ruiz Torija case delivered on 9 December 1994 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application (No. 18390/91) against Spain, lodged with the European Commission of Human Rights on 15 March 1991 under Article 25 (art. 25) of the Convention by Mr Eusebio Ruiz Torija, a Spanish national, and that the Commission declared admissible his complaint that he had not been given a fair hearing in so far as the Madrid Audiencia provincial had failed to deal in its judgment with one of his submissions;        Recalling that the case was brought before the Court by the Commission on 9 September 1993;        Whereas in its judgment of 9 December 1994 the Court:        - dismissed, unanimously, the government's preliminary objection;        - held, by eight votes to one, that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        - held, unanimously, that the judgment constituted in itself sufficient just satisfaction in respect of the alleged non-pecuniary damage;        - held, unanimously, that the respondent state was to pay the applicant within three months 1 000 000 pesetas for costs and expenses;        - dismissed, unanimously, the remainder of the applicant's claims;        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 Spain to inform it of the measures which had been taken in consequence of the judgment of 9 December 1994, having regard to Spain'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 Spain 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 on 27 February 1995, within the time-limit set, the Government of Spain paid the applicant the sum provided for in the judgment of 9 December 1994,        Declares, after having taken note of the information supplied by the Government of Spain, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (95) 253            Information provided by the Government of Spain        during the examination of the case of Ruiz Torija                   by the Committee of Ministers        In addition to the ordinary publication of a translation of the present judgment in the Boletín de Jurisprudencia Constitucional, the Ministry of Justice and of the Interior has also published, on 25 June 1995, a translation of the judgment in a supplement to No. 1747 of the Boletín de información del Ministerio de Justicia e Interior, Jurisprudencia de los órganos del Convenio Europeo de Derechos Humanos.        In view of the status of the Convention and of the case-law of the Strasbourg organs in Spanish law (see, inter alia, Resolutions DH (94) 84 in the case of Barberà, Messegué and Jabardo and DH (95) 93 in the case of Castells), the Government of Spain is of the opinion that the tribunals will not fail to adapt their practice to the jurisprudence of the Court in the present case.        The government would add that the Spanish ratification of the Convention and subsequent declarations regarding the competence of the Strasbourg organs are also evidence of a firm will on the part of Spain to contribute to a better protection of the rights guaranteed.   In this perspective and in accordance with the provisions of Article 10, paragraph 2, of the constitution, the Ministry of Justice and of the Interior has found it appropriate and necessary to publish henceforth in its information bulletin translations of important Strasbourg decisions which concern Spain. This measure will, in addition, ensure, as a result of the wide distribution of the bulletin, a better knowledge of the Convention case-law and thus also permit better compliance with the judgments of the Court.