Information Note on the Court’s case-law 27

February 2001

Kopecký v. Slovakia (dec.) - 44912/98

Decision 1.2.2001 [Section II]

Article 1 of Protocol No. 1

Article 1 para. 1 of Protocol No. 1

Peaceful enjoyment of possessions

Rejection of claim for restitution of coins confiscated under the Communist regime: admissible

In 1992 the judgment by which the applicant’s father had been convicted in 1959 for possess ing gold and silver coins was quashed by the Supreme Court. In accordance with the Extra-Judicial Rehabilitation Act 1991, the applicant lodged a claim for restitution of the coins which had been confiscated. The Ministry of the Interior, to which the coin s had been transferred after their confiscation, was ordered by the District Court to restore them. The Ministry appealed to the Regional Court, which found that the applicant had not shown where the coins were, as required by the Extra-Judicial Rehabilita tion Act, and had thus failed to provide evidence establishing that the Ministry had the coins in its possession. The applicant’s appeal to the Supreme Court was dismissed.

Admissible under Article 1 of Protocol N° 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes