ETS 5 – Human Rights (Convention), 4.XI.1950
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If a friendly settlement is effected, the Court shall strike the case out of its list by means of a
decision which shall be confined to a brief statement of the facts and of the solution
reached.
4
This decision shall be transmitted to the Committee of Ministers, which shall supervise the
execution of the terms of the friendly settlement as set out in the decision.
Article 40 – Public hearings and access to documents
1
Hearings shall be in public unless the Court in exceptional circumstances decides otherwise.
2
Documents deposited with the Registrar shall be accessible to the public unless the
President of the Court decides otherwise.
Article 41 – Just satisfaction
If the Court finds that there has been a violation of the Convention or the protocols thereto,
and if the internal law of the High Contracting Party concerned allows only partial reparation
to be made, the Court shall, if necessary, afford just satisfaction to the injured party.
Article 42 – Judgments of Chambers
Judgments of Chambers shall become final in accordance with the provisions of Article 44,
paragraph 2.
Article 43 – Referral to the Grand Chamber
1
Within a period of three months from the date of the judgment of the Chamber, any party to
the case may, in exceptional cases, request that the case be referred to the Grand
Chamber.
2
A panel of five judges of the Grand Chamber shall accept the request if the case raises a
serious question affecting the interpretation or application of the Convention or the protocols
thereto, or a serious issue of general importance.
3
If the panel accepts the request, the Grand Chamber shall decide the case by means of a
judgment.
Article 44 – Final judgments
1
The judgment of the Grand Chamber shall be final.
2
The judgment of a Chamber shall become final:
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a
when the parties declare that they will not request that the case be referred to the
Grand Chamber; or
b
three months after the date of the judgment, if reference of the case to the Grand
Chamber has not been requested; or
c
when the panel of the Grand Chamber rejects the request to refer under Article 43.
The final judgment shall be published.
Article 45 – Reasons for judgments and decisions
1
Reasons shall be given for judgments as well as for decisions declaring applications
admissible or inadmissible.
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