Resolution CM/ResDH(2010)13[1]
Execution of the judgment of the European Court of Human Rights
Mareš against the Czech Republic
(Application No. 1414/03, judgment of 26 October 2006, final on 26 January 2007)
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 violation of the Convention found by the Court in this case concerns the infringement of the right to a fair, adversarial trial before the Constitutional Court (violation of Article 6 paragraph 1) (see details in Appendix);
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, 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 by the Court in its judgments, 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(2010)13
Information about the measures to comply with the judgment in the case of
Mareš against the Czech Republic
Introductory case summary
This case concerns a breach of the applicant’s right to a fair and adversarial trial before the Constitutional Court in July 2002. In the course of the examination of his complaint concerning the violation of his constitutional rights in criminal proceedings brought against him, the applicant did not receive a copy of the observations of the other parties to the proceedings (violation of Article 6§1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
313 EUR
313 EUR
Paid on 18/04/2007
b) Individual measures
In the criminal proceedings the applicant was sentenced to three years’ imprisonment. Pursuant to this sentence he was dismissed from the police for 10 years. On 13/09/2002 he received a presidential pardon for the prison sentence. Czech domestic law provides the possibility to request reopening of proceedings before the Constitutional Court following a judgment of the European Court. The applicant has not requested the reopening of the proceedings.
II.General measures
On 25/10/2005 the plenum of the Constitutional Court adopted a recommendation according to which reporting judges must communicate the observations of the opposing parties to the applicants for possible comments when they contain, or might contain new allegations, lines of argument or facts (see case of Milatová, final resolution ResDH(2006)71, adopted on 20/12/2006).
The judgment of the European Court was translated and published on the website of the Ministry of Justice () and sent to domestic courts.
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 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 4 March 2010 at the 1078th meeting of the Ministers’ Deputies.
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