Resolution ResDH(2000)129
concerning the judgment of the European Court of Human Rights
of 21 March 2000
in the case of J.K. against the Slovak Republic
(Adopted by the Committee of Ministers on 2 October 2000
at the 721st 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 judgment of the European Court of Human Rights in the case of J.K. delivered on 21 March 2000 and transmitted on the same date to the Committee of Ministers in accordance with Article 46 of the Convention;
Recalling that the case originated in an application (No. 29021/95) against the Slovak Republic, lodged with the European Commission of Human Rights on 8 March 1994 under former Article 25 of the Convention by Mr J.K., a Slovakian national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the lack of judicial remedies against a fine imposed by the administrative authorities;
Whereas in its judgment of 21 March 2000 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicant, 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 the 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 the above-mentioned friendly settlement it was agreed that the Government of the Slovak Republic would pay the applicant, after notification of the judgment, a total sum of 5 000 Slovak crowns for all kind of damages;
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 former Article 54 which are, for the time being, applicable by analogy to cases transmitted to it under Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 23 May 2000, the Government of the respondent State had paid the applicant the sum provided for in the friendly settlement;
Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State recalled that, subsequent to the facts of the present case, measures had been adopted in implementation of the Court's judgments in two previous similar cases, Kadubek and Lauko against the Slovak Republic (judgments of 2 September 1998), in order to prevent new violations of Article 6 due to the lack of judicial remedies against certain administrative decisions, and that these measures had made possible a judicial review of the administrative decisions concerning minor offences, without any exception, whatever the amount of the fine imposed be (see Resolutions DH (99) 553 and DH (99) 554),
Declares, after having taken note of the information supplied by the Government of the Slovak Republic, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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