Resolution CM/ResDH(2011)32

Execution of the judgment of the European Court of Human Rights
Cabala against Slovak Republic

(Application No. 8607/02, judgment of 06/09/2007, final on 06/12/2007)

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”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violations of the Convention found by the Court in this case concern the failure promptly to examine the applicant’s requests for release from detention on remand (violation of Article 5, paragraph 4); violation of the right to adversarial proceedings in respect of the request for release (violation of Article 5, paragraph 4) and the excessive length of criminal proceedings instituted against the applicant (violation of Article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2011)32

Information about the measures to comply with the judgment in the case of
Cabala against Slovak Republic

Introductory case summary

This case concerns a failure promptly to examine the applicant’s requests for release from detention on remand lodged in 2001 (violation of Article 5§4).
The case also concerns a violation of the applicant’s right to adversarial proceedings in respect of his applicant’s request for release (violation of Article 5§4) and the excessive length of criminal proceedings instituted against him in 1999 (violation of Article 6§1).

I.	Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage	Non-pecuniary damage	Costs and expenses	Total	
-	6 000 EUR	-	6 000 EUR	
Paid on 17/01/2008	

b) Individual measures

The applicant was released on 31/07/2002 and the Court awarded him just satisfaction in respect of the non-pecuniary damage sustained. By decision of the Nitra District Court of 30/04/2009 the criminal proceedings against the applicant were extinguished, as he died on 21/01/ 2009. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II.	General measures

1) Violation of Article 5§4 due to the lack of prompt examination: See the Kučera case (48666/99) (closed, for more details see the annotated agenda of the 1072nd meeting of the Ministers’ Deputies) (CM/OJ/DH(2009)1072 public, section 2).

2) Violation of Article 5§4 due to the lack of adversarial proceedings: See the Nešták case (65559/01) (Final Resolution CM/ResDH(2009)136)).

3) Violation of Article 6§1: See the Pavlík case (74827/01) (Resolution CM/ResDH(2010)69).

4) Publication and dissemination:
The judgment was translated and published in Justičná Revue No. 12/2007. On 21/12/2007, the judgment was sent out to all regional courts and to the Supreme Court by a circular letter from the Minister of Justice. The presidents of the regional courts and the President of the Criminal Division of the Supreme Court have been asked to notify the judgment to all judges in the regional and district courts, as well as those in the Supreme Court dealing with criminal cases.

III.	Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that the Slovak Republic has thus complied with its obligations under Article 46, paragraph 1, of the Convention.