Resolution ResDH(2005)10
concerning the judgments of the European Court of Human Rights (Friendly settlements)
of 17 May 2001, 23 July 2002, 21 January 2003, 8 April 2003 and 27 April 2004
in 6 cases against the Slovak Republic (see Appendix) relating to the excessive length of proceedings concerning civil rights and obligations
(Adopted by the Committee of Ministers on 23 February 2005
at the 914th 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 6 cases listed in the Appendix to this Resolution, which were delivered on 17 May 2001, 23 July 2002, 21 January 2003,
8 April 2003 and 27 April 2004 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 the Slovak Republic, lodged with the European Court of Human Rights between 1 March 1996 and 12 December 2000 under former Article 25 and under Article 34 of the Convention by five Slovakian nationals and one Czech national, 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 the Slovak Republic would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) 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 settlements 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 (including the judgment of 9 November 2000 in the Jóri case), finding violations 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 the Slovak Republic, 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(2005)10
Details of the sums agreed to in the friendly settlements
Case
Global sum
Payment on
J.K.
38794/97
110 000 Slovakian korunas
13/09/2002
Polovka
41783/98
150 000 Slovakian korunas
22/04/2003
Lóška
45126/98
130 000 Slovakian korunas
28/07/2004
Remšiková
46843/99
200 000 Slovakian korunas
31/05/2001
Lancz
62171/01
140 000 Slovakian korunas
26/05/2003
Rotrekl
65640/01
100 000 Slovakian korunas
27/05/2003
Full & Egal Universal Law Academy