Resolution CM /ResDH(2007)116 [1]

Execution of the judgment of the European Court of Human Rights

Bucheň against the Czech Republic

(Application No. 36541/97 , judgment of 26/11/2002 , final on 26/02/2003 )

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 discriminatory suspension of pensions of certain former military judges (violation of Article 14 combined with Article 1 of P rotocol No. 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 the Czech Republic ' s 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 in the judgment, 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(2007)116

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

Bucheň against the Czech Republic

Introductory case summary

The case concerns the suspension as from 1 January 1994, under Law No. 304/1993, of the payment of a retirement allowance owed to the applicant in his capacity of former military judge, due to the fact that he was assigned as a judge to an ordinary court (violation of Article 14 combined with Article 1 of P rotocol No. 1).

The European Court found that there had been a difference in treatment between the applicant and various other categories of former members of the armed forces, and especially with regard to other former military judges and prosecutors who continued to receive the retirement allowance even after having left the army and having started to work as civilian judges. According to the Court, this difference of treatment of various categories of former members of the armed forces and with respect to the applicant was not based on “any objective or reasonable justification” within the meaning of Article 14 of the Convention.

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

20 000 EUR

-

-

20 000 EUR

P aid on 22/05/2003

b) Individual measures

The Ministry of Defence has decided, on the basis of the primacy of international law over domestic law, to end the suspension of the payment of the allowance at issue to the applicant, as well as to all the other persons (a dozen) covered by the impugned measure.

II. General measures

The judgment of the European Court has been published on the Internet site of the Ministry of Justice ( www.justice.cz ).

III. Conclusions of the respondent state

The government considers that the measures adopted will prevent new, 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 31 October 2007 at the 1007th meeting of the Ministers’ Deputies