Resolution CM /ResDH(2007)118 [1]

Execution of the judgment of the European Court of Human Rights

Krasniki against the Czech Republic

(Application No. 51277/99 , judgment of 28 February 2006 , final on 28 May 2006 )

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 violations of the Convention found by the Court in this case concern a breach of the right to a fair trial because the applicant was unable to question or have questioned the principal prosecution witnesses, who were protected by anonymity without sufficient justification (violation of Articles 6, paragraphs 1 and 3(d)) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures 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 plicants 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)118

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

Krasniki against the Czech Republic

Introductory case summary

The case concerns a violation of the applicant ' s right to a fair trial and, in particular, of his defence rights in certain criminal proceedings. The applicant was convicted in 1998 and sentenced to two years ' imprisonment and expulsion from the Czech Republic exclusively on the basis of the testimony of two anonymous witnesses (violation of Article 6, paragraphs 1 and 3d).

The European Court found that the interest of the witnesses in remaining anonymous could not justify limiting the rights of the applicant to such an extent, noting that the judicial authorities had not seriously examined or justified the reasons for granting anonymity to the witnesses, particularly since the applicant ' s conviction was solely or at least to a decisive extent based on their testimony.

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

-

2 500 EUR

2 500 EUR

P aid on 16/08/2006

b) Individual measures

The European Court found that the most appropriate form of redress in this case would be retrial de novo or reopening of the proceedings, if requested. According to Section 119 of the Constitutional Court Act (No. 83/2004), criminal proceedings in which the Constitutional Court has previously ruled, may be re-opened if an international court finds a violation of human rights or fundamental freedoms guaranteed by international treaty. The successful party must make such request within 6 months from the date on which the international decision becomes final.

The European Court also found that the finding of the violation constituted in itself sufficient just satisfaction for any non-pecuniary damage suffered by the applicant.

II. General measures

In the government ' s view, the direct effect given by the national courts to the case-law of the European Court will prevent new, similar violations. For this purpose, t he judgment of the European Court has been published on the internet site of the Ministry of Justice ( www.justice.cz ). It has also been sent electronically to the presidents of regional, higher and supreme-level courts as well as to all judges of the Constitutional Court and to the Ombudsman and other competent administrative and judicial authorities. It has also been reported to the Council of Ministers and a press release has been prepared on it by the Ministry of Justice.

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