Resolution CM/ ResDH (2012) 220 [1] Zakova Malinova against the Slovak Republic

Execution of the decision of the European Court of Human Rights

(Application No. 51493/07, decision of 8 November 2011)

The Committee of Ministers, under the terms of Article 39, paragraph 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of friendly settlements as they appear in decisions of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Considering that in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent State and the applicant, 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 this case out of its list;

Having satisfied itself that the terms of the friendly-settlement were executed by the respondent State (see document DH-DD(2 0 12)460E );

DECLARES that it has exercised its functions under Article 39, paragraph 4, of the Convention and

DECIDES to close its examination.

ACTION REPORT

App. No. 51493/07

Z akova Malinova v. Slovakia, decision of 18/11/2011, final on 18/11/2011

Case summary

This case concerns the applicant's complaints on the discontinuation of the investigation into the incident of 25 August 2006 (Art i cle 3 of the Convention) and lack of effective remedy i n that respect (Article 13 of the Convention). On 25 August 2006, two indiv i duals, noticing that the applicant was speaking Hunga ri an on the phone, attacked her shouting «In Slovakia in Slovak» and caused se ri ous i n j u r ies to the applicant . On 26 August 2006 an i nvest i gation was opened but later it was discontinued with the conclusion that the incident had not taken place. The applicant's further applications and requests f or i nstitut i ng inves tigation were also rejected or remained unanswered. The parties reached a friendly settlement where the Government undertook to express their regret for the case of the applicant in t he form of press release .

I. Measures realized

In the friendly settlement agreement the Government admitted that there were some circumstances i n the case of the applicant that invoked doubts as to the respect of the applicant's rights guaranteed i n the European Convention and they undertook to express their regret for the case of the applicant in the form of press release . The applicant declared that she had no financ i al requirement against the Slovak Republic and wa1ved any further claims against the Slovak Republic in respect of the facts of the app lication no 51493/07.

Accordingly, no sum to the applicant has been pa i d.

On 1 February 2012 the Government of the Slovak Republic published on their official internet site the follow i ng press release . The Government of the Slovak Republic admit that there are some circumstances in the case no. 51493/07 of the applicant Hedv i ga iakova Malmova , lodged t o the European Court of Human Rights, that invoke doubts as to the respect of the applicant's ri ghts guaranteed in the European Convention on Human Rights. Therefore, the Government of the Slovak Republic accepted the friendly settlement in the case which the European Court of Human Rights took note of on 8 November 2011 and decided to strike tile application out of i ts fist of cases . I n the same t i me, the Government of the Slovak Republic e x press their regret for the case of the applicant Hedviga iakov a Mali nova . In the application no. 51493107 lodged to the European Court of Human Rights .

II. Conclusion of the respondent state

The Government consider that the Slovak Republic has thus complied with i ts obligations under Art i cle 46§1 of the Convent i on

In Bratislava 22 March 2012

Marica Piroj kova

Agent of the Sl ov ak Republic

before the European Court of Human Rights

[1] Adopted by the Committee of Ministers on 6 December 2012 at the 11 57 th Meeting of the Ministers’ Deputies .