Resolution CM/ResDH(2007)136[1]
Execution of the judgment of the European Court of Human Rights
Červeňáková and others against the Czech Republic
(Application No. 40226/98, judgment of 29 July 2003, friendly settlement)
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 admissible complaints in this case concern alleged inhuman and degrading treatment (complaint under Article 3), the alleged violation of the applicants' right to respect for their private and family life (complaint under Article 8), the length of certain civil proceedings (complaint under Article 6, paragraph 1) as well as the alleged absence of an effective remedy in this respect (complaint under Article 13) and the allegation of discriminatory treatment, either taken alone or in conjunction with the applicants' other complaints, due to their Rom origin (complaint under Article 14);
Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under this friendly settlement it was agreed that the government of the respondent state would pay the applicants a certain sum, within three months as from the notification of the judgment;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards 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, friendly settlement or solution of the matter;
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;
Having satisfied itself that on 29 September 2003, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicants the sum provided for in the friendly settlement and that no other measure was required in this case to comply with the Court's judgment;
Having examined the information supplied by the government of the Czech Republic,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and,
DECIDES to close the examination of this case.
[1] Adopted by the Committee of Ministers on 31 October 2007 at the 1007th meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy