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Formal date of adoption: 21 October Strasbourg, 7 2. Strasbourg, DecemberDH. Document made public in pursuance of the decision taken at the th meeting DH 17 April — item d. Supervision is carried out in accordance with the Rules for the application of this Article adopted by the Deputies on 11 January [1].

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The Directorate General of Human Rights Department for the execution of the judgments of the Court and the Secretariat of the Committee of Ministers provide advice and assistance to the Deputies in the fulfilment of their functions under the Convention.

Information and communications relating to the cases should be addressed to these departments. Below follows a short comparative survey of the meeting the information on the nature of the cases in the different sections is described after the table :. In these cases the Court or the Committee has either found a violation of the Convention or struck the case out of the list on the basis of undertakings made by the parties for example in the case of friendly settlements — see Article 39 of the Convention and Rule 44 of the Rules of Court.

In all the cases, the Deputies have provisionally found, with the assistance of the Directorate General of Human Rights, that the required execution measures have been taken. The relevant information for each case has been summarised in a draft final resolution presented in Addendum 1. To facilitate examination, the cases are grouped as follows:. Sub-section 1. Contains cases which do not raise problems of a general or individual character. In these cases the mere dissemination of the judgment to the authorities directly concerned is considered sufficient.

This new sub-section groups friendly settlements relating to complaints concerning general problems already under examination by the Deputies in the context of other leading cases in which violations have been established. No discussion of cases in Section 1 is envisaged since the examination of the different execution questions has already been carried out by the Deputies in the course of earlier meetings.

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The examination of new cases is in general d after the expiry of the 3-month time-limit normally imparted by the Court for the payment of the just satisfaction. In those cases where all execution measures have already been taken before this first examination, a draft final resolution summarising the relevant information could be submitted for adoption. Such draft resolutions appear in Addendum 2. Discussion is envisaged mainly for cases which raise questions of individual measures or new general measures. Dissemination of the judgments to all the authorities involved has been requested in all these cases.

In these cases the Deputies are called upon to supervise the payment of the just satisfaction awarded by the Court and, where required, of any default interest owed. Sub-section 3. Delegations are invited to submit written confirmation of payment to the Directorate General of Human Rights Service for the execution of the judgments. The further examination of the cases in sub-sections 3. The Deputies may be are called upon to take a decision on just satisfaction pursuant to former Article The details of the cases are found either in a table presented under this sub-section, or, if the case is complex, in Addendum 3 II.

The examination of such cases will be d after the expiry of the 3 months time-limit set for payment. The cases which appear under this heading require special attention to the extent that they either raise problems regarding the individual situation of the applicant, or concern problems in respect of which the necessary execution measures have not yet been defined, or raise other special problems for example on of the magnitude of the problems raised or delays in the adoption of the necessary execution measures. Sub-section 4. This heading presents both cases involving payment problems combined with general problems and cases in which measures have not yet been defined.

For supervision of individual measures, see sub-section 4. This title groups together complex cases raising special problems. Supplementary information relating to the cases under this heading may, where necessary, be found in Addendum 4.

As long as individual measures are outstanding cases are examined at each Human Rights meeting, unless the Deputies decide otherwise. Examination of other issues is decided upon on a case-by-case basis. In these cases the Deputies are called upon to supervise the progress made in adopting measures of a general character defined at the national level and to ensure that these measures are apt to prevent new violations similar to those found by the Court.

Cases are grouped together according to the nature of the main reforms envisaged. In complex cases which require the adoption of several kinds of measures, cases are placed in the sub-section which corresponds to the main measures remaining to be adopted. A case may thus, for example, pass from sub-section 5. Sub-section 5. In the cases in this group, the Deputies are mainly waiting for changes of legislation or of government regulations aiming at preventing new similar violations.

Delegations of respondent States will thus furnish information about the content of draft legislation or regulations and on the procedure for their adoption. This heading presents cases in which the Deputies are waiting for evidence in the form of copies of judgments or decisions, statistics, etc.

It may also concern other types of cases presenting a broader interest, such as those which imply important indications regarding the scope of the rights guaranteed by the Convention. In all these cases, the Deputies are normally waiting for details regarding the publication or dissemination carried out. The Deputies are invited to present all relevant information in writing to the Directorate General of Human Rights Service for the execution of the judgments of the Court.

This sub-section includes cases which primarily imply other types of general measures, for example practical measures such as the construction of prison facilities, the recruitment of judges, police training, etc. Where necessary, supplementary information with respect to the cases in this section will be presented in Addendum 5.

In these cases, the draft resolutions prepared in collaboration with the Delegation concerned in cases raising questions of individual measures or new problems of a general character putting and end to the examination of the case are not yet available at the time of issuing the annotated agenda and order of business. If available in time for the meeting, drafts could be distributed separately. Adoption of the Annotated Agenda and Order of Business. The Deputies are invited to adopt the present annotated agenda and order of business. State of ratification by member States of the European Agreement relating to persons participating in proceedings of the European Court of Human Rights, the Sixth Protocol to the General Agreement on privileges and immunities of the Council of Europe and Protocols No.

The Deputies are invited to provide information on the state of ature and ratification of these four texts. Tables showing the current state of ature and ratification appear in Addendum General Questions.

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Preparation of the next meeting th December see Application of default interest in the supervision of the execution of the terms of friendly settlements. Addendum General Questions. The Deputies are invited to consideration of this item, in the light of the comments they were invited to transmit to the Secretariat see Addendum General Questions.

The Deputies are invited to adopt the resolutions putting and end to the examination of the following cases as they appear in Addendum 1. H A. H M. H E. H Delbec II. H J. H Tedesco Antonio A. The Deputies are invited to consideration of these cases after expiry of the time-limit set for payment or according to the specificity of the cases. In all the new cases in which States should pay just satisfaction as ordered by the Court or as agreed in a friendly settlement, the authorities of the respondent State are invited to provide the Secretariat, in writingwith confirmations of payment.

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As regards any other execution measures which may be called for in the light of the conclusions of the Court, the authorities of the respondent State are invited, on a preliminary basis, to provide the Secretariat, in writingwith information on the measures mentioned after each case.

The possible necessity to take other measures than those mentioned could nevertheless be addressed at the meeting. Dissemination of the judgments to all the authorities involved has been requested in all cases and delegations are invited to provide the written confirmation of this dissemination. These cases concern disproportionate interference with the freedom of expression of the applicants, on of civil-law injunctions issued in under Section of the Civil Code prohibiting them from re-publishing certain allegations, qualified as incorrect statements of fact.

In both cases, the Court found, contrary to the view of the Austrian courts, that the impugned statements were to be regarded as value judgments, that they had not been excessive and that should have been taken of the fact that they concerned issues of general interest violations of Article During the examination of the Jerusalem judgment, the Austrian authorities indicated that the Supreme Court has now aligned its interpretation of the domestic law on the requirements of Article 10 of the Convention, as interpreted by the European Court, particularly as regards the distinction between factual statements and value judgments cf.

This case concern a disproportionate interference with the freedom of expression of the applicant publishing company, on of an injunction under civil law Section 78 of the Copyright Actinprohibiting it from publishing a picture of a member of parliament in connection with certain statements, irrespective of whether they were true or not.

The Court found that the injunction was not necessary in a democratic society, insofar as the picture concerned a person who had entered the public arena, that no detail of his private life had been disclosed and that the article touched upon issues of general interest violation of Article Friendly settlement. The case concerns the allegation of the applicant — a political party — that its freedom of expression had been violated on of a decision of the Austrian courts by which it had been convicted for insulting a political figure Section of the Criminal Code in and ordered to pay damages following the publication of a caricature in its periodical complaint under Article Proceedings started on 9 December and finished on 21 January more than six years and one month.

The case relates to the fact that the applicant was unable to exercise the right to marry and found a family on of the absence in the Republic of Cyprus, at the time of the facts of the case, of any legislation or alternative regulations covering the right of Turkish Cypriots to civil marriage complaints under Articles 8, 12, 13 and General measures : confirmation has been received that a new Law 46 I providing for the temporary application of the Marriage Law Cap.

She was sentenced to pay damages to the plaintiff as well as costs violation of Article The provisions concerning defamation were amended in Act. A piece of land owned by the spouse and father of the applicants since deceased was subject to expropriation. However, when assessing the inheritance tax to be paid by the applicants for the land at issue, its market value was fixed at 20 Finnish Marks per square metre. The Court considered that the applicants could legitimately expect a reasonably consistent approach from the relevant authorities and the courts in determining the market value of the land or, in the absence of such consistency, an adequate explanation for the different valuations.

In this case, there was neither consistency nor explanation for the lack of it violation of Article 1 of Protocol No. The case concerns the unfairness of certain proceedings before the Court of Cassation. The applicants chose to defend themselves rather than be represented by a member of the Court of Cassation Bar.

The applicants are road construction companies which were investigated in as part of an administrative inquiry. As part of this operation, investigators from the Directorate General for Competition, Consumer Affairs and Repression of Fraud, investigated 56 companies simultaneously, pursuant to the provisions of Order no. They seized several thousand documents from which they ascertained that illicit agreements had been made in respect of certain contracts. On the basis of the seized documents the Minister for the Economy referred the matter to the Competition Council, which fined the applicants for engaging in illegal practices.

The applicants appealed to the Paris Court of Appeal challenging the lawfulness of the searches and seizures, which had been effected without a warrant. The Court considered that in these circumstances, even if the conditions for the exercise of the right of entry were less stringent with regard to the commercial premises of legal persons, the actions in question were not proportionate to the aims violation of Article 8.

The case concerns the fact that the applicant was deprived of his property as a result of an expropriation carried out in the public interest.

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This claim was dismissed not least on the ground that a directive could not be relied upon by an individual litigant against a provision of national law. The European Court of Human Rights noted that in both its applications the applicant was a creditor of the state on of the VAT wrongly paid for and that in any event it had at least a legitimate expectation of being able to obtain a refund. In the Van der Kar and Lissaur Van West cases, proceedings began on 29 September and ended on 28 October more than seven years.

In the Granata case, proceedings began on December and ended on 5 July about nine and a half years. These proceedings have been completed at national level. These proceedings, which began on 19 May and ended on 31 Marchlasted more than 11 years and 10 months. When the Court issued its judgments, these proceedings had already lasted more than 8 years and 4 months, more than 13 years and 3 months, more than 7 years, more than 13 years and 7 months, more than 7 years et 3 months, respectively, and were still pending. In the Ribes case, two sets of proceedings were at issue.

One of them has been completed at national level: other had already lasted more than 5 years and 9 months and was still pending. H C. These proceedings, which began on 23 Marchwere still pending when the Court rendered its judgment having at that date lasted more than three years, 10 months.

When the Court delivered its judgment, these proceedings had already lasted more than 9 years and 2 months, and more than 6 years and 4 months respectively, and were still pending.

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The case also relates to the lack of an effective domestic remedy to complain about the length of proceedings violation of Article Proceedings started on 8 October and finished on 1 October almost six years. On 12 Februarythe guardianship tribunal decided provisionally to withdraw the applicants' rights to choose where the children lived and to make decisions concerning the need for medical measures.

At that time, the children were six and four years old. On 27 Maythe tribunal entirely withdrew the applicants' parental authority over their two children. The case presents similarities with the Malama case which appears in Section 5. Individual measures : similar to those in the cases Georgiadis etc.

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