FIFTH SECTION
DECISION
AS TO THE ADMISSIBILITY OF
Application no. 19928/03
by Jaromír TICHÝ
against the Czech Republic
The European Court of Human Rights (Fifth Section), sitting on 11 March 2008 as a Chamber composed of:
Peer Lorenzen, President,
Snejana Botoucharova,
Karel Jungwiert,
Rait Maruste,
Renate Jaeger,
Mark Villiger,
Isabelle Berro-Lefèvre, judges,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 8 June 2003,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Jaromír Tichý, is a Czech national who was born in 1949 and lives in Počáply. The Czech Government (“the Government”) were represented by their Agent, Mr V.A. Schorm, from the Ministry of Justice.
A. The circumstances of the case
The facts of the case, as submitted by the parties, may be summarised as follows.
In 1992 the applicant was assaulted and sustained some injuries. He was taken into the Terezín Military Hospital, where a doctor incorrectly diagnosed his injuries, as a result of which his condition deteriorated.
On 2 June 1999 the applicant lodged an action for damages against the State with the Litoměřice District Court (okresní soud).
It appears that the proceedings are still pending.
On 8 August 2006 the applicant applied for compensation pursuant to Act no. 82/1998 as amended.
B. Relevant domestic law and practice
The relevant domestic law and practice concerning remedies for the allegedly excessive length of judicial proceedings are set out in the Court’s decision in the case of Vokurka v. Czech Republic, no. 40552/02 (dec.), §§ 11-24, 16 October 2007).
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention that the proceedings had lasted an unreasonably long time.
THE LAW
The applicant complained about the excessive length of the proceedings which, according to him, was in breach of the “reasonable time” requirement laid down in Article 6 § 1 of the Convention which, so far as relevant, reads as follows:
“In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal.”
The Government noted that the applicant could have resorted to the compensatory remedy provided for by Act no. 82/1998.
The Court has already examined that remedy for the purposes of Article 35 § 1 of the Convention and found it effective in respect of certain complaints about the length of judicial proceedings in the Czech Republic. In particular, it considered that the remedy was capable of providing adequate redress for any breach of the reasonable time requirement that has already occurred. The Court also specified that the applicants whose claims for damages had not been granted by the Ministry of Justice or had been only partly granted, had to file a civil action against the State before competent courts in order to exhaust domestic remedies in this respect (see Vokurka v. Czech Republic, cited above, §§ 58-65).
Turning to the present case, the Court observes that the applicant applied for compensation pursuant to Act no. 82/1998 as amended on 8 August 2006 and that the compensation proceedings seem to be still pending.
In these circumstances, the Court considers that the applicant has not exhausted domestic remedies within the meaning of Article 35 § 1 of the Convention. The application must therefore be declared inadmissible according to Article 35 § 4 of the Convention.
In view of the above, it is appropriate to discontinue the application of Article 29 § 3 of the Convention and to reject the application.
For these reasons, the Court unanimously
Declares the application inadmissible.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
Full & Egal Universal Law Academy