Resolution CM/ResDH(2012)191[1]
Társaság a Szabadságjogokért against Hungary
Execution of the judgment of the European Court of Human Rights
(Application No. 37374/05, judgment of14/04/2009, final on 14/07/2009)
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 final judgment transmitted by the Court to the Committee in the above case and to the violations established (see document DH-DD(2012)1056E);
Recalling that the respondent State’s obligation under Article 46, paragraph 1, of the Convention to abide to by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2012)1056E);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;
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 11 April 2012
Appl. No. 37374/05
Társaság a Szabadságjogokért, judgment of 14/04/2009
(Revised)
Introductory case summary
Violation of the freedom to receive information of the applicant association, a non-governmental organisation active in the field of drug policy, on account of the courts’ refusal, in 2004, to grant access to a complaint pending before the Constitutional Court by which a parliamentarian had requested the constitutional scrutiny of amendments to the Criminal Code with regard to drug-related offences (Article 10).
I. Individual measures
Just satisfaction rewarded to the applicant was paid on 18/09/2009 (costs and expenses 3000 €, 824.850 HUF).
The applicant association may have unlimited access to complaint at issue before the Constitutional Court. The Registry of the Court makes it possible to look into any appeal. The personal data of those persons who are not public officials are anonymous.
The problem was administrative, no legislation is required.
II. General measures
Publication and dissemination
The ECtHR’s judgment was translated and published on the website of the Ministry of Justice and Law Enforcement. It was sent to the Constitutional Court too.
The judgment is on the website of the Government ().
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 Court in this case, and that Hungary has thus complied with its obligations under Article 46, Paragraph 1 of the Convention.
Budapest, 11 April 2012
Zoltán Tallódi
Agent of the Government of Hungary
[1] Adopted by the Committee of Ministers on 6 December 2012 at the 1157th Meeting of the Ministers’ Deputies.
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