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THIRD
SECTION
CASE OF VALIN v. SWEDEN
(Application
no. 61390/00)
JUDGMENT
(Friendly
settlement)
STRASBOURG
22
February 2007
This
judgment is final but it may be subject to editorial revision.
In the case of Valin v. Sweden,
The
European Court of Human Rights (Third Section), sitting as a Chamber
composed of:
Mr B.M. Zupančič,
President,
Mr C. Bîrsan,
Mrs E.
Fura-Sandström,
Mr E. Myjer,
Mr David Thór
Björgvinsson,
Mrs I. Ziemele,
Mrs I. Berro-Lefèvre,
judges,
and Mr S. Quesada, Section Registrar,
Having
deliberated in private on 1 February 2007,
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
- The
case originated in an application (no. 61390/00) against the Kingdom
of Sweden lodged with the Court under Article 34 of the Convention
for the Protection of Human Rights and Fundamental Freedoms (“the
Convention”) by a Swedish national, Mr Ragnar Valin (“the
applicant”), on 20 June 2000.
- The
applicant was represented by Mr J. Thörnhammar, a lawyer
practising in Stockholm. The Swedish Government (“the
Government”) were represented by their Agents, originally by Ms
E. Jagander and subsequently by Ms I. Kalmerborn, of the Ministry for
Foreign Affairs.
- The
applicant complained under Article 6 § 1 of the Convention about
the length of criminal proceedings.
- On
6 September 2005, after obtaining the parties' observations, the
Court (Second Section) declared the application admissible.
- On
30 June 2006, after an exchange of correspondence, the Registrar
suggested to the parties that they should attempt to reach a friendly
settlement within the meaning of Article 38 § 1 (b) of the
Convention. On 8 December 2006 the Government submitted a
declaration on a friendly settlement of the case signed by the Agent
of the Government on 22 November 2006 and by the applicant's
representative on 4 December 2006.
- On
19 January 2007, the case was transferred to the Third Section.
THE FACTS
- The applicant was born in 1949 and lives in Leksand.
- On 3 May 1993 the Tax Authority (skattemyndigheten)
of the County of Dalarna decided to carry out a tax audit of KB
Forward, a construction company owned by the applicant and his two
brothers. As a result, value-added tax (mervärdeskatt) of
more than 7 million Swedish kronor (SEK), including tax
surcharges, was levied on the company.
- Unable to pay this sum, the company was declared
bankrupt on 16 December 1993, at its own request.
- On
18 March 1994 the public prosecutor opened, on the basis of the
findings of the tax audit, a preliminary investigation against the
applicant.
- On
3 May 1999 the public prosecutor indicted the applicant for an
aggravated bookkeeping offence (grovt bokföringsbrott)
or, in the alternative, for having grossly impeded tax supervision
(försvårande av skattekontroll, grovt brott).
- By
a decision of 25 January 2000, the District Court rejected the
applicant's request that the criminal case be dismissed on formal
grounds. On 6 April 2000 the Svea Court of Appeal (Svea hovrätt)
upheld the District Court's decision and on 18 May 2000 the Supreme
Court (Högsta domstolen) refused leave to appeal.
- By
a judgment of 28 March 2001, the District Court acquitted the
applicant, whilst acknowledging that the proceedings had been
excessively long. On 18 April 2001, no appeal having been
lodged, the District Court's judgment acquired legal force.
- On
20 April 2001 the applicant submitted a claim for pecuniary
compensation to the Chancellor of Justice (Justitiekanslern),
in which he maintained that the slow handling of his case had
constituted a wrongful act or omission within the meaning of the Tort
Liability Act (Skadeståndslagen, 1972:207) and that,
thus, the Swedish State was liable to pay compensation.
- By
a decision of 30 October 2003, the Chancellor of Justice rejected the
applicant's claim, disagreeing with the District Court's view on the
length of the proceedings.
THE LAW
- On
8 December 2006 the Court received the following declaration from the
Government, signed by the Agent of the Government on 22 November
2006 and by the applicant's representative on 4 December 2006:
“The Swedish Government (“the Government”)
and the applicant have now reached the following friendly settlement
on the basis of respect for human rights, as defined in the
[Convention], in order to terminate the proceedings before the Court.
a) The Government will pay, ex gratia,
the sum of EUR 15,000 (fifteen thousand) to the applicant, to be
converted into Swedish kronor at the rate applicable on the date of
payment. The amount will be paid to his counsel, Mr Jan Thörnhammar,
who has been authorised by the applicant to receive payment on his
behalf. Execution of payment will take place when the Government has
received the Court's judgment striking the case out of its list of
cases.
b) The applicant declares that he has no
further claims on the Swedish State based on the facts of the
[present] application.
c) The Government and the applicant undertake
not to request the reference of the case to the Grand Chamber under
Article 43 § 1 of the Convention after the delivery of the
Court's judgment.
This settlement is dependent upon the formal approval of
the Government at a Cabinet meeting.”
By a
decision of 18 January 2007, the Government approved the
settlement reached.
- The
Court takes note of the agreement reached between the parties
(Article 39 of the Convention). It is satisfied that the settlement
is based on respect for human rights as defined in the Convention or
its Protocols (Article 37 § 1 in fine of the Convention
and Rule 62 § 3 of the Rules of Court).
- Accordingly,
the case should be struck out of the list.
FOR THESE REASONS, THE COURT UNANIMOUSLY
- Decides to strike the case out of the list;
- Takes note of the parties' undertaking not to
request a rehearing of the case before the Grand Chamber.
Done in English, and notified in writing on 22 February 2007,
pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Santiago Quesada Boštjan M. Zupančič
Registrar President
