Resolution CM/ ResDH (2012)50 [1]

Execution of the judgment of the European Court of Human Rights

E.S. and others 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

E.S. et autres (8227/04)

15/09/2009

15/12/2009

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(2012 ) 129E ) ;

Having noted that the respondent State paid the a p plicant the just satisfaction, as provided in the judgment;

DECLARES, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

ACTION REPORT

App. No. 8227104

E. S. and others v. Slovakia, judgment of 15/09/2009, final on 15/12/2009

Introductory case summary

This case concerns a failure of the domestic authorities to take appropriate measures in 2001 to protect the applicants from ill-treatment (physical and sexual abuse) inflicted by theirs husband and father, and a corresponding failure to meet the positive obligation to respect their family and private life (violation of Articles 3 and 8).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Cost and expenses

Total

8 000 euros

2 000 euros

10 000 euros

Paid on 28/01/2010

b) Individual measures

The applicants received just satisfaction for non-pecuniary damages. If similar problems with the first applicant ’ s husband arise again, the applicants can benefit from the changes to the law described under the general measures. No other individual measures seem to be necessary.

II. General measures

a) Legislation

The legislative changes were made before the judgment of the European Court has been adopted. The recent law of the Slovak Republic meets the requirements of the European Convention. As of 1 January 2003 the court may, under Section 76 § 1(g) of the Code of Civil Procedure, through an interim measure impose upon the party not to enter temporarily a house or an apartment occupied by a close person or person in his/her care or education in relation to whom there are reasons for he/she being suspected of violence. As of 1 January 2003, under Section 705a of the Civil Code, if a further cohabitation is unsupportable due to the physical or mental violence or threats of such violence from a husband or former husband, which is the joint user of an apartment, or from a close person jointly using an apartment, based on a motion of one of a married couple or former married couple the court can limit a right of use of the other of a married couple or former married couple or exclude her/him totally from the right of use of an apartment. Under Section 712a § 8 in fine of the Civil Code, if a former husband, during the marriage or after the divorce of the marriage committed the psychical or mental violence against the other from a married couple or against the close person living with him in an apartment, the court shall decide that he is not entitled to a substitute dwelling. Under the new legislation interim measures are available to ensure that the authorities would be able to act quickly. Therefore, there is no need to adopt legislative changes or other measures

b) Publication and dissemination

The judgment was published in the Judicial Revue ( Justidne Revue ) No. 12/2009, the juridical journal distributed to ail courts in the Slovak Republic and available also for subscribers.

III. Conclusions of the respondent state

The Government consider that the measures adopted have fully remedied the consequences for the applicants of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that the Slovak Republic has thus complied with its obligations under Article 46 § 1 of the Convention.

In Bratislava . 1 February 2012

Marica Pirošíková

Agent of the Government of the Slovak Republic before the European Court of Human Rights

[1] Adopted by the Committee of Ministers on 8 March 2012 at the 11 36 th 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 State s on the improvement of domestic remedies.