Resolution CM/ ResDH (2009)46 [1]

Execution of the judgment of the European Court of Human Rights

Linkov against the Czech Republic

(Application No. 10504/03, judgment of 07 December 2006, final on 07 March 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 in this case, transmitted by the Court once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the unjustified refusal by the national authorities to register a political party (violation of Article 11) (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)46

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

Linkov against the Czech Republic

Introductory case summary

The case concerns the refusal of the national authorities to register a party (violation of Article 11).

In July 2000 a preparatory committee, of which the applicant was a member, applied to the Minister of the Interior to register a political party called Liberální Strana . The Minister refused the application in August 2001 on the ground that the party ’ s constitution was in breach of the Political Parties Act (Law No. 424/1991), taken together with the Czech Constitution and the Charter of Fundamental Rights and Freedoms. It considered, in particular, that the party ’ s goal of “breaking the legal continuity with totalitarian regimes” was contrary to the Constitution.

On an appeal by the preparatory committee, the Supreme Court upheld the Minister ’ s decision to refuse to register the party and fully endorsed the Minister ’ s opinion concerning the said political goal. Furthermore, in November 2002 the Constitutional Court declared an appeal by the applicant and the preparatory committee manifestly ill-founded on the ground that the decisions appealed against had not infringed their constitutional rights.

The European Court considered that there was no evidence that Liberální Strana had not intended to pursue its aims by lawful and democratic means, especially as the party ’ s registration had been refused before it had even had time to carry out any activities. The Court reiterated in that connection that the refusal to register a party is a drastic measure, to be applied only in the most serious cases. As Liberální Strana had no political plan aimed at undermining the democratic regime in the country and had neither encouraged nor justified the use of force for political ends, the refusal to register it had not been necessary in a democratic society.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

150€

700€

850 €

Paid on 07/06/2007

b) Individual measures

In May 2007, the applicant was informed by the Czech authorities that he may apply again for the registration of his political party, that a new application for registration would be examined in accordance with the requirements stemming from Article 11 of the Convention and that thus this registration would no longer be refused on the grounds upon which the previous application had been rejected. To date, the applicant has made no new application in this respect.

II. General measures

The judgment of the European Court has been translated and published on the website of the Ministry of Justice ( www.justice.cz ). It has been sent out to the authorities concerned, namely the Ministry of Internal Affairs, the Supreme Administrative Court and the Constitutional Court .

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 European Court in this case, that these measures will prevent similar violations and that the Czech Republic has thus complied with its obligations under Article 46, paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 2 April 2009 at the 1051st meeting of the Ministers’ Deputies