Resolution CM/ ResDH (2009)54 [1]

Execution of the judgment of the European Court of Human Rights

Radio Twist, A.S. against the Slovak Republic

(Application No. 62202/00, judgment of 19 December 2006, final on 19 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 to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concern the infringement of the applicant company ’ s right to freedom of expression due to a finding against it in civil proceedings which was not “necessary in a democratic society” (violation of Article 10) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order 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;

Recalling that a finding of violations by the Court requires, over and above the payment of any just satisfaction which may have been awarded by the Court, 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)54

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

Radio Twist, A.S. against the Slovak Republic

Introductory case summary

This case concerns a violation of the right of freedom of expression of the applicant company, a radio station (violation of Article 10). In June 1996 the applicant company broadcast in a news programme the recording of a telephone conversation between two government personalities, concerning the exercise of a public function and obtained through a third person. As a result, in civil defamation proceedings brought by one of them against the applicant company, on 16/03/1999 the district court considered that the recording had been obtained illicitly and its broadcasting interfered with the dignity of the plaintiff as a public official. Thus the applicant company was ordered to offer the plaintiff a written apology, to broadcast it and to compensate him for non-pecuniary damage. This verdict was upheld at appeal in February 2000.

The European Court found that the reasons invoked by the national courts were too narrow and insufficient to justify the sanctions imposed on the applicant company. Therefore these judgments constituted an interference with its right to impart information which was not “necessary in a democratic society”.

I. Payment of just satisfaction and individual measures

The applicant company submitted no claim for just satisfaction before the European Court or submitted any request regarding individual measures to the Committee of Ministers.

Under Section 228 § 1 (d) and Section 230§1 of the Civil Procedure Code the applicant company had a possibility to file a petition for reopening of the defamation proceedings until 19 June 2007, i.e. within three months from the day when the judgment of the European Court of Human Rights became final.

II. General measures

The European Court ’ s judgment was published in the Judicial Revue ( Justična Revue) No 2/2007. On 28/09/2007 it was also distributed to all regional courts and the Supreme Court by a circular letter of the Minister of Justice. The presidents of the regional courts and the President of the Civil Division of the Supreme Court have been requested to notify the judgment to all judges of civil regional and district courts and all judges of the Supreme Court dealing with civil cases, in order to avoid similar violations.

III. Conclusions of the respondent state

The government considers that the measures adopted will prevent similar violations and that Slovakia 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