European Court of Human Rights

Resolution CM/ResDH(2011)11¹

Execution of the judgment of the European Court of Human Rights

Pyrgiotakis against Greece

(Application No. 15100/06, judgment of 21 February 2008, final on 29 September 2008)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the conviction of the applicant for drug trafficking following active incitement by a police officer acting as an “agent provocateur” (violation of article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2011)11

Information about the measures to comply with the judgment in the case of

Pyrgiotakis against Greece

Introductory case summary

The case concerns the violation of the applicant’s right to a fair trial: in June 2003, he was sentenced to 10 years’ imprisonment for his involvement in drug trafficking as a result of the conduct of one of the police officers involved in the case who had acted as an agent provocateur.

The European Court considered that the police officer had pretended to be a potential buyer during a transaction in which the applicant had acted as go-between with a drug trafficker and had brought about the criminal act which otherwise would not have taken place. The Court pointed out that the domestic courts’ reasoning had shown nothing in the applicant’s behaviour prior to his arrest which could have led them to conclude that he would have committed the offence in question even without the police officers’ intervention (violation of Article 6§1).

I. Payment of just satisfaction and individual measures

In the proceedings at issue the applicant was sentenced to 10 years’ imprisonment and a fine.

Following the European Court’s judgment, the applicant asked for the re-opening of his trial and suspension of his sentence (Articles 525§1.5 and 529 of the Code of Criminal Procedure). In judgment 1381/2008, the Court of Cassation accepted the applicant’s request, revoked judgment 64/2005 of the Court of Appeal of Crete that had found him guilty and had sentenced him to prison and referred the case to the Athens Court of Appeal, which examined the case afresh. All charges against the applicant were dismissed (judgment 47/2010).

The European Court considered that the finding of a violation constituted in itself sufficient just satisfaction for the non-pecuniary damage sustained.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

2. General measures

The Court’s findings have been endorsed in national case-law: it is held that, in conformity with Article 6 of the Convention, the conviction of an accused should not arise solely from the conduct of a police officer involved in the case (acting as agent provocateur), otherwise the requirements of a fair trial are not met (Court of Cassation 193/2009). Furthermore, this conviction should be based on additional, strong evidence, and not only on the testimony of the police officers involved. (Court of Cassation 100/2007, Corfu Court of Appeal 29/2007).

Furthermore, the European Court’s judgment was published and sent out in Greek by the Ministry of Justice to all the relevant judicial authorities of criminal courts, including the prosecutors. The judgment has also been published in Greek on the official website of the Legal Council of the State (www.nsk.gr).

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violations of the Convention found by the European Court in this case, that these measures will prevent similar violations and that Greece has thus complied with its obligations under Article 46, paragraph 1, of the Convention.