Resolution CM/ResDH(2007)135[1]
Execution of the judgment of the European Court of Human Rights
Balšán against the Czech Republic
(Application No. 1993/02, judgment of 18/07/2006, final on 18/10/2006)
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 once it had become final;
Recalling that the violations of the Convention found by the Court in this case concern the lack of a fair trial because of the refusal to grant the applicant the right to question or have questioned the co-defendant, whose statements were the only basis for convicting the applicant (violation of Articles 6, paragraph 1 and 6, paragraph 3(d)) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with the Czech Republic's 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;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, 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(2007)135
Information about the measures to comply with the judgment in the case of
Balšán against the Czech Republic
Introductory case summary
The case concerns a violation of the applicant's right to a fair trial and in particular of his defence rights, in certain criminal proceedings (violation of Article 6§§1 and 3d). On 7 November 2000, the applicant was found guilty of fraud and sentenced to three years' imprisonment by the Karviná District Court, relying solely on the testimony of his co-defendant. The applicant's appeals were dismissed both by the appeal court and the Constitutional Court.
The European Court found that the applicant had been denied any opportunity to question the co-defendant, who had relied on his right to silence, and whose testimony was the only evidence on which the courts based their conviction. It underlined that the courts had satisfied themselves with a single piece of evidence against the applicant, evidence which he had been unable to contest appropriately or sufficiently, and that the appeal court had disallowed his request to re-examine the witness responsible.
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
-
1 500 EUR
1 500 EUR
Paid on 28/12/2006
b) Individual measures
The European Court found that the most appropriate form of redress in this case would be retrial de novo or reopening of the proceedings, if requested. This possibility exists in the Czech law. In fact, according to Section 119 of the Constitutional Court Act (No. 83/2004), criminal proceedings in which the Constitutional Court has previously ruled may be re-opened if an international court finds a violation of human rights or fundamental freedoms guaranteed by international treaty. The successful party must make such request within 6 months from the date on which the international decision becomes final.
The European Court also found that the finding of the violation constituted in itself sufficient just satisfaction for any non-pecuniary damage suffered by the applicant.
II.General measures
This case presents similarities to that of Krasniki (judgment of 28 February 2006, closed with Resolution CM/ResDH(2007)118) in respect of which the Czech authorities have already adopted general measures. The judgment of the European Court in the Krasniki case has been published on the internet site of the Ministry of Justice (). It has also been sent electronically to the presidents of regional, higher and supreme-level courts as well as to all judges of the Constitutional Court and to the Ombudsman and other competent administrative and judicial authorities. It has also been reported to the Council of Ministers and a press release has been prepared on it by the Ministry of Justice.
III.Conclusions of the respondent state
The government considers that the measures adopted will prevent new, similar violations and that the Czech Republic has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 31 October 2007 at the 1007th meeting of the Ministers’ Deputies
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