Resolution ResDH(2002)128
concerning the judgment of the European Court of Human Rights
of 18 December 2001
in the case of Kuchař and Štis against Czech Republic
(Adopted by the Committee of Ministers on 21 October 2002
at the 810th 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 Kuchař & Štis case delivered on 18 December 2001 and transmitted to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 37527/97) against Czech Republic, lodged with the European Commission of Human Rights on 3 July 1997 under former Article 25 of the Convention by Mr Jiři Kuchař and Mr Petr Štis, Czech nationals, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain civil proceedings;
Whereas in its judgment of 18 December 2001 the Court, after having taken formal note of a 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 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 Czech Republic would pay the applicants, the global sum of 62 932,50 CZK, within three months as from the notification of the judgment;
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 on 27 December 2001, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicants the sum provided for in the friendly settlement and that no other measures was required in the present case to conform to the Court’s judgment,
Declares, after having taken note of the information supplied by the Government of Czech Republic, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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