Resolution ResDH(2004)55
concerning the judgments of the European Court of Human Rights (Friendly settlements)
of 29 April 2003, 27 May 2003 and 3 June 2003
in 4 cases against Slovakia (see Appendix) relating to the excessive length of proceedings concerning civil rights and obligations
(Adopted by the Committee of Ministers on 20 July 2004
at the 891st meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgments of the European Court of Human Rights in the 4 cases listed in the appendix to this resolution, which were delivered on 29 April 2003, 27 May 2003 and 3 June 2003 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that these cases originated in applications (see appendix) against Slovakia, lodged with the European Court of Human Rights between 7 February 2000 and 26 November 2000 under Article 34 of the Convention by 4 Slovakian nationals, and that the Court declared admissible the complaints related to the excessive length of certain proceedings concerning civil rights and obligations;
Whereas in its judgments concerning these cases the Court, after having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike these cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under the above-mentioned friendly settlements it was agreed that the Government of Slovakia would pay the applicants certain sums (see appendix), within three months as from the notification of the judgments;
Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the government of the respondent state had paid the applicants the sums provided for in the friendly settlement and that no other measure was required in the present cases to conform to the Court’s judgment;
Recalling that, as regards the applicants’ complaints declared admissible in these cases, the Committee of Ministers is at present supervising the execution of certain judgments of the Court (among which the judgment of 9 November 2000 in the Jori case), finding a violation of Article 6, paragraph 1 of the Convention on account of the excessive length certain proceedings concerning civil rights and obligations;
Declares, after having examined the information supplied by the Government of Slovakia, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases.
Appendix to Resolution ResDH(2004)55
Details of the sums agreed to in the friendly settlements
Case
Non-pecuniary damage and costs and expenses
Payment on
Nezbeda
56452/00
47 614 Slovakian korunas
22/07/2003
Rusnáková
63999/00
30 000 Slovakian korunas
28/07/2003
Sisák
62191/00
100 000 Slovakian korunas
03/09/2003
Slovák
57985/00
140 000 Slovakian korunas
09/09/2003
Full & Egal Universal Law Academy