Resolution CM/ ResDH (2009)93 [1]

Execution of the judgment of the European Court of Human Rights

Shchiglitsov against Estonia

(Application No. 35062/03, judgment of 18/01/2007, final on 18/04/2007)

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 excessive length of civil proceedings (violation of Article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion 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 a p plicant 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 exe r cised 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 (2009)93

Information about the measures to comply with the judgment in the case of

Shchiglitsov against Estonia

Introductory case summary

This case concerns the excessive length of civil proceedings (violation of Article 6, paragraph 1). The proceedings lasted between 1997 and 2003.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

900 EUR

300 EUR

1 200 EUR

Paid on 19/06/2007

b) Individual measures

The civil proceedings have been closed.

II. General measures

The Estonian authorities had already taken the necessary measures to prevent similar violations following the judgment of 2 December 2003 in the case of Treial (see Resolution CM/ ResDH (2007)152).

The Estonian authorities consider that the violation found in this case was a result of several vacancies on the bench in the Narva City Court at the time. Since 2003, the vacancies have been filled. However, this situation did not reflect a general structural deficiency in the Estonian judicial system.

The judgment has been translated into Estonian and published on the internet site of the Council of Europe Information Centre in Tallinn ( www.coe.ee ). It was also sent out to all domestic courts and other institutions concerned.

III. Conclusions of the respondent state

The government considers that the measures adopted will prevent similar violations and that Estonia has thus complied with its obligations under Article 46, paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 30 September 2009 at the 1065 th meeting of the Ministers’ Deputies