Resolution CM /ResDH(2007)95 [1]

Execution of the judgment of the European Court of Human Rights

Matijašević against Serbia

(Application No. 23037/04, judgment of 19 September 2006, final on 19 December 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 violation of the Convention found by the Court in this case concerns a breach of the presumption of innocence by a criminal court ordering extension of the applicant ' s detention on remand relying in particular on the assumption that the applicant had committed the offences which were under investigation (violation of Article 6§2, 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 Serbia ' 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)95

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

Matijašević against Serbia

Introductory case summary

The case concerns the violation of the principle of the presumption of the applicant ' s innocence in that in 2004 the Novi Sad District Court extended applicant ' s detention on remand for another two months relying in particular on the assumption that he had committed the offences of which he had been charged and which were under investigation.

The European Court found that the District Court had pronounced the applicant ' s guilt before it had been established according to law and that the Supreme Court had failed to rectify this “error” at appeal. It stated further that the fact that the applicant was ultimately found guilty and sentenced to a term of imprisonment did not negate the applicant ' s initial right to be presumed innocent until proved guilty according to the law (violation of Article 6§2).

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

-

662 EUR

662 EUR

P aid on 17/10/2006

b) Individual measures

The applicant is no longer detained on remand: he is serving the 8-year sentence resulting from the criminal proceedings. The violation of Article 6§2 affected neither the proceedings on the merits nor their outcome. Therefore, no individual measure is called for.

II. General measures

The European Court ' s judgment was promptly translated into Serbia n and published in the Official Gazette No. 80 of 26/09/2006. The Serbia n Government Agent sent the translated judgment, accompanied by an explanatory note, to all District Courts in Serbia asking their P residents to distribute the judgments to all municipal courts in their area. All courts were asked to pay the utmost attention to similar circumstances, to prevent similar violations. Finally, the Agent has published an article analysing the case in a domestic legal journal and made several statements concerning the case in the media (daily P olitika of 20/09/2006, p. 1 and 10) and in contacts with representatives of the judiciary.

III. Conclusions of the respondent state

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

[1] Adopted by the Committee of Ministers on 20 June 2007 at the 997th meeting of the Ministers’ Deputies.