Interim Resolution CM/ResDH(2023)33

Execution of the judgments of the European Court of Human Rights

Szabó and Vissy group against Hungary

(Adopted by the Committee of Ministers on 9 March 2023 at the 1459 th meeting of the Ministers' Deputies)

Application

Case

Judgment of

Final on

37138/14

SZABÓ AND VISSY

12/01/2016

06/06/2016

58032/16

HÃœTTL

29/09/2022

29/09/2022

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Recalling that the Court found violations of the applicants’ right to respect for their private and family life and for their correspondence on account of the Hungarian legislation on secret surveillance measures, namely within the framework of intelligence gathering for national security, which did not provide for “safeguards sufficiently precise, effective and comprehensive on the ordering, execution and potential redressing of such measures” (violation of Article 8);

Reiterating that secret surveillance should be regarded as a highly intrusive act that potentially interferes with the rights to freedom of expression and privacy and threatens the foundations of a democratic society;

Noting with interest the information received from the authorities in October 2022 during the Secretariat’s mission to Budapest that the required legislative process was under preparation;

Noting with deepest concern that, almost seven years after the Court’s judgment in Szabó and Vissy became final, despite the authorities having confirmed the need for a legislative reform already in 2017 and notwithstanding the Committee’s repeated calls in this respect, no written information was provided by the authorities;

Emphasising the legal obligation of every State, under the terms of Article 46, paragraph 1, of the Convention to abide by the final judgments of the European Court in any case to which they are a party, fully, effectively and promptly;

EXHORTED the authorities to adopt, without further delay, the measures required to bring the domestic legislation on secret surveillance for national security purposes fully and effectively in line with the Convention requirements, addressing the entirety of the shortcomings identified by the Court in this group, to establish a timeline for the legislative process, to present a draft legislative proposal and keep the Committee informed about all relevant developments in the legislative process;

ENCOURAGED the authorities to make full use of the expertise available by the Council of Europe and to co-operate closely with the Secretariat in order to ensure that the legislative reform is fully Convention-compliant;

INVITED the authorities to submit an updated action plan, including information on all the above issues, by 30 September 2023 at the latest, and decided to resume consideration of these cases, in the light of the information received, at their DH meeting in June 2024 at the latest.