Final resolution DH (99) 551

HUMAN RIGHTS

APPLICATION No. 25189/94

PRELOŽNÍK AGAINST THE SLOVAK REPUBLIC

(Adopted by the Committee of Ministers on 8 October 1999 at the 680th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of 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 (98) 196, adopted on 11 June 1998 in the case of Preložník against              the Slovak Republic, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention due to the excessive length of certain civil proceedings, and to make public the report of the European Commission of Human Rights;

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 20 July 1998;

Whereas at the 640th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 25 September 1998, in accordance with 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, 54 000 Slovak crowns in respect of costs and expenses, 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 11 June 1998 and 25 September 1998, having regard to the Slovak’s Republic’s obligation under 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 (this information a p pears in the appendix to this resol u tion);

Whereas the Committee of Ministers satisfied itself that on 2 December 1998, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 54 000 Slovak crowns as just satisfaction,

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

Appendix to Resolution DH (99) 551

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

The decision of the Committee of Ministers finding a violation of the Convention was distributed, together with an instruction issued by the Ministry of Justice, to the presidents of all regional courts.  This instruction asks judges to draw the necessary conclusions from the Preložnik case and take the necessary measures to prevent new, similar violations.  The regional court judges in turn issued instructions along the same lines to the district court judges. Administrative measures were subsequently adopted at local level by the presidents of several courts concerned in order to improve the internal organisation of the courts.

The Preložnik case was also 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 Ministry of Justice brought the Preložnik case to the attention of the Conference of Judges of the Slovak Republic and the Slovak Association of Judges.  The Ministry also arranged for the Slovak translation of the Commission's report to be published in Justičnà revue (No. 3/1999), a journal which is widely distributed in legal circles.

The government considers that the measures adopted will make it possible to prevent new violations similar to that found in this case and that, consequently, the Slovak Republic has complied with its obligations under Article 32 of the Convention.

Moreover, the government states that the changes which will be made in the next two or three years to the codes of civil and criminal procedure and to the Rules of procedure of the regional and district courts will also help, in general, to shorten the overall length of judicial proceedings.