Resolution ResDH(2006)72 [1]

Execution of the judgment of the European Court of Human Rights Taal against Estonia

(Application No 13249/02, Judgment of 22 November 2005, Final on 22 February 2006)

The Committee of Ministers, under the terms of Article 46 § 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which sets forth the Committee ' s duty to supervise the execution of final judgments of the European Court of Human Rights (hereinafter referred to as “the Convention” and “the Court”);

Having regard to the final judgment in this case, transmitted by the Court to the Committee on 22 February 2006;

Recalling that the violations of the Convention found by the Court in this case concern the denial of the applicant ' s right to a fair trial in criminal proceedings and the failure to have witnesses examined in criminal proceedings (Article 6 §§ 1 and 3(d)), (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 Estonia ' s obligation under Article 46 § 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 § 2 of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state had paid the a p plicant the just satisfaction provided for 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 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

- general measures preventing new, similar violations;

Having examined the measures taken by the respondent state to that effect, the details of which appear in Appendix;

DECLARES that it has exe r cised its functions under Article 46 § 2, of the Convention in this case and DECIDES to close its examination.

Appendix to Resolution ResDH(2006)72

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

Taal against Estonia

Introductory case summary

The case concerns a violation of the applicant ' s right to fair trial in criminal proceedings and in particular of his defence rights, in that in 2001 he was convicted and sentenced to three years ' imprisonment without having been able to question the prosecution witnesses or have them examined at any stage of the proceedings, despite provisions in domestic law on respect for the adversarial principle (violation of Article 6 §§ 1 and 3.(d)).

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

6 500 €

2 300 €

€ 8 800

Paid on 17/03/2006

b) Individual measures

The applicant may apply to the Supreme Court to have the case reopened under Article 77 of the Code of Criminal Court Appeal and Cassation Procedure.

The Estonian authorities pointed out that the violation found in this case had an occasional character and indicated that, with a view to preventing new, similar violations, the European Court ' s judgment was translated into Estonian, sent out to all relevant courts and published on the website of the Council of Europe Information Desk in Tallinn ( www.coe.ee ).

[1] Adopted by the Committee of Ministers on 20 December 2006 at the 982nd meeting of the Ministers’ Deputies