Resolution ResDH (2001)101 concerning the judgment of the European Court of Human Rights of 12 September 2000 (final on 12 December 2000) in the case of Slavgorodski against Estonia

(Adopted by the Committee of Ministers on 23 July 2001 at the 760 th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Slavgorodski case delivered on 12 September 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 37043/97) against Estonia, lodged with the European Commission of Human Rights on 23 July 1996 under former Article 25 of the Convention by Mr Vitali Slavgorodski , an Estonian national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating mainly to the opening of the applicant’s correspondence, particularly from the European Commission of Human Rights, by prison authorities;

Whereas in its judgment of 12 September 2000 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of the Republic of Estonia would pay 50 000 Estonian crowns, the amount corresponding to the taxes to be paid on the amount of the just satisfaction agreed to the applicant to cover any damage and costs and 17 567,60 Estonian crowns to the tax authorities, and would also send the decision of the European Court striking out the case to the President of the Republic, to the Legal Chancellor and to other relevant authorities;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 7 February 2001 the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement; that it has transferred the amount of 17 567,60 Estonian crowns to the tax authorities, and that the decision of the European Court had been sent to the President of the Republic, to the Legal Chancellor and to other relevant authorities;

Noting, furthermore, that on 1 December 2000, the Imprisonment Act entered into force, which annulled the relevant Sections of the Code of Procedure for Execution of Judgments: Article 29, paragraph 1, of the Act states that a prison officer shall open letters sent by or to a prisoner in the presence of the prisoner, except letters addressed to the persons and agencies provided for in subsections 4 –5 of this Article (the latter prohibits the examinations of the prisoners’ letters and telephone messages to the legal defence counsel, a prosecutor, a court - including the European Court of Human Rights, the Legal Chancellor and the Ministry of Justice;

Declares, after having taken note of the information supplied by the Government of Estonia, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.