Resolution ResDH (2001)52 concerning the judgment of the European Court of Human Rights of 18 May 2000 in the case of Gaulieder against the Slovak Republic

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st 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 final judgment of the European Court of Human Rights in the Gaulieder case delivered on 18 May 2000 and transmitted to the Committee of Ministers on the same date under Article 46 of the Convention;

Recalling that the case originated in an application (No. 36909/97) against the Slovak Republic, lodged with the European Commission of Human Rights on 16 June 1997 under former Article 25 of the Convention by Mr František Gaulieder , a Slovak national, and that the Commission declared admissible the complaint that his office of Member of Parliament had been unlawfully terminated, as well as other complaints, related to the termination of his office, under Articles 4, paragraph 1, 10, 11 and 14 of the Convention;

Recalling that the case was brought before the Court by the Commission on 25 October 1999;

Whereas in its judgment of 18 May 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 Prime Minister would meet the applicant and that the Government would issue a press release expressing their regret about the termination of his office, about the failure to redress the violation of the principles of the Rule of Law in the applicant’s case without delay, and also regarding inappropriate statements made by their Agent in respect of the applicant; it was also agreed that the Government would pay the applicant the sum of 1 Slovak crown for non-pecuniary damage, the sum of 1 399 148 Slovak crowns for pecuniary damage and the sum of 141 877,40 Slovak crowns for costs and expenses, within seven days of the settlement of the case;

Recalling that Rule 44, paragraph 2, of the Rules of 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 Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 8 March 2000, within the time agreed to under the terms of the friendly settlement, the Government of the respondent State had paid the applicant the sums provided for in the friendly settle ment, that the judgment had been published in Slovak in the Justičná revue in November 2000 and that the press release had been issued by the Government, in conformity with the court’s judgment of 18 May 2000,

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