Final Resolution ResDH (2001)68 Human Rights Application No. 28409/95 Savić against the Slovak Republic

(Adopted by the Committee of Ministers on 26 June 2001 at the 757 th meeting of the Ministers ’ Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (99) 38, adopted on 18 January 1999 in the case of Savić against the Slovak Republic, in which the Committee of Ministers decided to make public the report of the European Commission of Human Rights and that there had been a violation of Article 5, paragraph 3, of the Convention on account of the excessive length of the applicant ’ s detention on remand and that there had been a violation of Article 5, paragraph 4, of the Convention on account of the procedure applied in order to examine his complaint about the dismissal of his request for release and on account of the excessive length of the proceedings;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 30 March 1999;

Whereas at the 677 th meeting of the Ministers ’ Deputies, the Committee of Ministers, agreeing with the Commission ’ s proposals, held by a decision adopted on 15 July 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, a global sum of 30 000 Austrian schillings, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 18 January 1999 and 15 July 1999, having regard to the Slovak Republic ’ s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state accordingly gave the Committee information about the measures taken in consequence of the Committee ’ s decisions to avoid new violations of the same kind as those found in this case (this information appears in the appendix to this resolution);

Whereas the Committee of Ministers satisfied itself that on 15 October 1999, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 30 000 Austrian schillings as just satisfaction,

Declares, after having taken note of the measures taken by the Government of the Slovak Republic , that it has exercised its functions under former Article 32 of the Convention in this case.

Appendix to Final Resolution ResDH (2001)68

Information provided by the Government of the Slovak Republic during the examination of the Savić case by the Committee of Ministers

The Slovak Government considers that, in view of the direct effect given to the European Convention on Human Rights and to the case-law of the European Court of Human Rights in Slovak law, domestic courts will themselves be able to prevent new violations similar to those found in the present case.

To this end, a circular letter was sent by the Minister of Justice to the presidents of all regional and district courts. In this letter, the Minister invites judges to draw the necessary conclusions from the Savić case and to take the necessary measures to prevent new, similar violations. The Attorney General of the Slovak Republic has also been requested to transmit appropriate instructions to regional prosecutors. The Savić case has also been brought to the attention of the Training Directorate of the Ministry of Justice, which included it in the training programme for new judges and court staff.

Furthermore, the Commission ’ s report was translated into Slovak and published in Justičnà revue (No. 4/1999), a journal which is widely distributed in legal circles, notably to advocates.

Lastly, the Government specifies that the reform of the Code of Criminal Procedure, currently underway, notably aims at strengthening the adversarial principle and the principle of equality of arms.