Resolution CM/ResDH(2012)55[1]
Execution of the judgment of the European Court of Human Rights
Kvasnica against the Slovak Republic
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”)[2],
Having regard to the judgment transmitted by the Court to the Committee once it became final;
Case name (App. No.)
Judgment of
Final on
Kvasnica (72094/01)
09/06/2009
09/09/2009
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent State, where appropriate, of individual measures to put an end to the violations and as far as possible to remedy their consequences for the applicant and general measures to prevent new, similar violations;
Having invited the authorities of the respondent State to provide an action plan concerning the measures proposed to execute the judgment;
Having, in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention, examined the action report provided by the government (see action report, document DH‑DD(2011)266);
Having noted that the respondent State paid the applicant the just satisfaction, as provided in the judgment;
DECLARES, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
ACTION REPORT of 12 April 2011
App. No. 72094/01
Kvasnica, judgment of 09/06/2009, final on 09/09/2009
Introductory case summary
This case concerns the interception of the applicant’s professional telephone communications in the context of a criminal investigation into the financial activities of a group for which the applicant acted as a legal representative. The Court held that, on the basis of the documents before it, the procedure for ordering and supervising the implementation of the interception had net been shown to have fully complied with the requirements of the relevant law. Nor had it been demonstrated that the procedure had kept the interference with the applicant’s right to respect for his private life and correspondence to what was ‘necessary in a democratic society’ (violation of Article 8).
I.Individual measures
The applicant stated that he considered the finding by the Court of a breach of his rights under Article 8 of the Convention appropriate satisfaction. Evidence of the intercepted communications has been destroyed
II.General measures
a) Publication
The judgment was translated into the Slovak language and in compliance with the existing practice of publishing of all judgments against the Slovak republic it was published in the Judicial Revue (Justičná Revue) no. 10/2009
b) Dissemination
On 20 October 2009, the judgment was distributed to all regional courts and to the President of Police Corps by the circular letter of the Minister of Justice of the Slovak Republic. The presidents of the regional courts and the President of the Police Corps have been requested to notify of the judgment ail judges of the regional courts and the district courts in their jurisdiction dealing with the wiretapping agenda and all police departments dealing with the wiretapping agenda, in order to avoid possible similar violations.
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that Slovakia has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
In Bratislava, 12 April 2011
Marica Pirošiková
Agent of the Slovak Republic
before the European Court of Human Rights
[1] Adopted by the Committee of Ministers on 8 March 2012 at the 1136th Meeting of the Ministers’ Deputies.
[2] See also the Recommendations adopted by the Committee of Ministers in the context of the supervision of judgments of the European Court of Human Rights and in particular Recommendation Rec(2004)6 of the Committee of Ministers to member States on the improvement of domestic remedies.
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