Resolution DH (99) 723

Concerning the judgment of the European Court of Human Rights of 13 September 1999 in the case of Bohunický against the Slovak Republic

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th 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 Bohunický case delivered on 13 September 1999 and transmitted to the Committee of Ministers once it had become final under Article 44 of the Convention;

Recalling that the case originated in an application (No. 36570/97) against the Slovak Republic, lodged with the European Commission of Human Rights on 24 February 1997 under former Article 25 of the Co n vention by Mr Josef Bohunický , a Slovak national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints relating to the lack of effective access to a court and to the excessive length of certain civil compensation proceedings concerning an invalidity pension;

Whereas in its judgment of 13 September 1999 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 is 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 Slovak Republic would pay the applicant the sum of 100 000 Slovak crowns in respect of prejudice and costs, immediately after the notification of the judgment of the Court in the present case;

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 so that it can 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 previous Article 54 which are, for the time being, applicable by analogy to cases transmitted to it under Article 46, paragraph 2, of the Convention;

Whereas the Government of the Slovak Republic recalled that, after the facts of the present case, a number of measures had been taken in execution of the Committee of Ministers’ decisions in a similar case, Preložník against the Slovak Republic (Application No. 25189/94, Final Resolution DH (99) 551), in order to prevent new violations of Article 6 due to the excessive length of civil proceedings;

Having satisfied itself that on 8 October 1999, the government of the respondent state had paid the applicant the sum provided for in the friendly settlement;

Declares, after having taken note of the information supplied by the Government of the Slovak Republic, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.