Ministers’ Deputies
    Decisions

    CM/Del/Dec(2007)992 5 April 2007
    ———————————————

    992nd (DH) meeting, 3-4 April 2007

    Decisions adopted at the meeting

    ———————————————

    992nd DH meeting – 4 April 2007

    Item a.

    Adoption of the Annotated Agenda and Order of Business

    Decisions

    The Deputies

    1. agreed to postpone the following items placed on the draft annotated Agendas of their 992nd meeting (DH):

    - 3 cases against Italy
    25639/94 F.L., judgment of 20/12/01, final on 20/03/02

    76024/01 Rapacciuolo, judgment of 19/05/2005, final on 12/10/2005

    64088/00 Pilla, judgment of 02/03/2006, final on 02/06/2006

    - 1 case against the Netherlands
    60665/00 Tuquabo-Tekle and others, judgment of 01/12/2005, final on 01/03/2006

    - 38 cases against Poland
    42049/98 Związek Nauczycielstwa Polskiego, judgment of 21/10/2004, final on 02/02/2005

    - 37 cases of length of detention on remand
    25792/94 Trzaska, judgment of 11/07/00
    28358/95 Baranowski, judgment of 28/03/00
    23042/02 Cabała, judgment of 08/08/2006, final on 08/11/20061
    3489/03 Cegłowski, judgment of 08/08/2006, final on 08/11/20062
    17584/04 Celejewski, judgment of 04/05/2006, final on 04/08/2006
    49929/99 Chodecki, judgment of 26/04/2005, final on 26/07/2005
    75112/01 Czarnecki, judgment of 28/07/2005, final on 28/10/2005
    5270/04 Drabek, judgment of 20/06/2006, final on 20/09/20063
    77832/01 Dzyruk, judgment of 04/07/2006, final on 04/10/20064
    31330/02 Gołek, judgment of 25/04/2006, final on 25/07/2006
    38654/97 Goral, judgment of 30/10/03, final on 30/01/04
    28904/02 Górski, judgment of 04/10/2005, final on 15/02/2006
    38227/02 Harazin, judgment of 10/01/2006, final on 10/04/2006
    27504/95 Iłowiecki, judgment of 04/10/01, final on 04/01/02
    36258/97 J.G., judgment of 06/04/2004, final on 06/07/2004
    33492/96 Jabłoński, judgment of 21/12/00
    15479/02 Jarzyński, judgment of 04/10/2005, final on 04/01/2006
    25715/02 Jaworski, judgment of 28/03/2006, final on 28/06/2006
    10268/03 Kankowski, judgment of 04/10/2005, final on 04/01/2006
    25501/02 Kozik, judgment of 18/07/2006, final on 18/10/2006
    31575/03 Kozłowski, judgment of 13/12/2005, final on 13/03/2006

    17732/03 Krawczak, judgment of 04/10/2005, final on 04/01/2006
    34097/96 Kreps, judgment of 26/07/01, final on 26/10/01
    16535/02 Kubicz, judgment of 28/03/2006, final on 28/06/2006
    44722/98 Łatasiewicz, judgment of 23/06/2005, final on 23/09/2005
    36576/03 Leszczak, judgment of 07/03/2006, final on 07/06/2006
    57477/00 Malik, judgment of 04/04/2006, final on 04/07/2006
    13425/02 Michta, judgment of 04/05/2006, final on 04/08/2006
    39437/03 Miszhurka, judgment of 04/05/2006, final on 04/08/2006
    34052/96 Olstowski, judgment of 15/11/01, final on 15/02/02
    6356/04 Pasiński, judgment of 20/06/2006, final on 23/10/20065
    42643/98 Paszkowski, judgment of 28/10/2004, final on 28/01/2005
    44165/98 Skrobol, judgment of 13/09/2005, final on 13/12/2005
    9013/02 Świerzko, judgment of 10/01/2006, final on 10/04/2006
    33079/96 Szeloch, judgment of 22/02/01, final on 22/05/01
    56552/00 Telecki, judgment of 06/07/2006, final on 06/10/20066
    29687/96 Wesołowski, judgment of 22/06/2004, final on 22/09/2004

    - 1 case against Portugal
    75088/01 Urbino Rodrigues, judgment of 29/11/2005, final on 01/03/2006

    - 2 cases against the Russian Federation
    4856/03 Dubinskaya, judgment of 13/07/2006, final on 13/10/2006

    58254/00 Frizen, judgment of 24/03/2005, final on 30/11/2005

    - 1 case against Ukraine
    6965/02 Savinskiy, judgment of 28/02/2006, final on 28/05/2006

    to their 997th meeting (5-6 June 2007) (DH));

    2. agreed to postpone the following item placed on the draft annotated Agendas of their 992nd meeting (DH):

    - 1 case against the Czech Republic

    50073/99 Chadimová, judgment of 18/04/2006, final on 18/07/2006

    to one of their forthcoming DH meetings;

    3. taking into account decisions 1 and 2 above, adopted the agenda of their 992nd (DH) meeting as it appears in documents CM/Del/OJ/DH(2007)992.

    * * *

    992nd DH meeting – 4 April 2007

    Item c

    Preparation of the next meeting (DH)
    (997th, 5-6 June 2007)

    Decisions

    The Deputies

    1. approved the preliminary draft Agenda of their 997th meeting (5-6 June 2007 (DH), as it appears below;

    2. approved the following time-table for the preparation of the meeting:

    a. a list of new items for consideration at the 997th meetings will be issued in the Preliminary list of items for consideration at the 997th meeting;

    b. in principle, new judgments of the Court which are final on or before 23 April 2007, will be added;

    c. Delegations wishing to furnish information concerning the items appearing on this list for the 997th meeting are invited to make such information available to the Secretariat before 30 April 2007;

    d. Sections 4, 5 and 6.1, together with the draft decisions, will be placed on the Committee of Ministers’ Internet site on 22 May 2007 and the accompanying addenda will be distributed shortly afterwards;

    e. Sections 2, 3 and 6.2, together with the draft decisions, will be placed on the Committee of Ministers’ Internet site on 29 May 2007;

    f. the order of business will be distributed on 29 May 2007.

    * * *

    992nd DH meeting – 4 April 2007

    Item d.

    Measures to improve the execution of the judgments of the European Court of Human Rights
    CM/Inf/DH(2007)12 (revised French version only)

    Decisions

    The Deputies

    1. decided to hold an exchange of views with the Venice Commission on “Effective remedy in respect of length of judicial proceedings”;

    2. took note of the last developments regarding the CMIS database;

    3. took note of the organisation of a round table in Strasbourg on the lack of implementation of judicial decisions in member states;

    4. decided to resume consideration of this item at their 997th meeting (5-6 June 2007) (DH).

    * * *

    992nd DH meeting – 4 April 2007

    Item e.

    First annual report of the Committee of Ministers on the execution of the judgments of the European Court of Human Rights
    (DD(2007)23 and DD(2007)147)

    Decision

    The Deputies are invited to resume consideration of this item at their 997th meeting (5-6 June 2007) (DH).

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.3

    Decisions

    The Deputies

    1. took note of the recent progress following the decision of the Naumburg Court of Appeal of 15 December 2006 (now final) explicitly acknowledging the violations found by the European Court and granting the applicant extended visitation rights;

    2. decided to resume consideration of this item at the latest at their 1007th meeting (15-17 October 2007) (DH), in the light of further information to be provided concerning individual measures, in particular the full implementation of this decision with a view to ensuring that the applicant may regularly visit his child to build up a genuine father-son relationship.

    - 1 case against Germany
    74969/01 Görgülü, judgment of 26/02/04, final on 26/05/04, rectified on 24/05/2005

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.3

    Decision

The Deputies decided to resume consideration of this item at their 997th meeting (5-6 June 2007) (DH), in the light of a draft final resolution to be prepared by the Secretariat.

    - 1 case against Italy
    33286/96 Dorigo Paolo, Interim Resolutions DH(99)258 du 15/04/99 (finding of a violation), ResDH(2002)30, ResDH(2004)13 and ResDH(2005)85 (adoption of individual measures)
    CM/Inf/DH(2005)13

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.3

    Decision

    The Deputies decided to resume consideration of the measures taken towards the execution of the Court’s judgment at their 993rd meeting (11 April 2007).

    - 1 case against Moldova and the Russian Federation
    48787/99 Ilaşcu and others, judgment of 08/07/2004, Grand Chamber, Interim Resolutions ResDH(2005)42, ResDH(2005)84, ResDH(2006)11 and ResDH(2006)26
    CM/Inf/DH(2006)17 revised 27, CM/Inf/DH(2006)52 revised

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.3

    Decisions

    The Deputies

    1. deplored anew the fact that no new information had been provided by the Russian authorities on the progress and outcome of the new investigations and that information has still not been presented on all other questions raised by the judgments, as pointed out in Memorandum CM/Inf/DH(2006)32 revised;

    2. consequently urged the Russian authorities rapidly to submit all requested information an to envisage possible solutions to the issues raised by the judgments, if necessary through consultations between the Secretariat and the national authorities concerned;

    3. decided to resume consideration of these cases at their 997 meeting (5-6 June 2007) (DH), in the light of Memorandum CM/Inf/DH(2006)32 revised and further information to be provided concerning individual and general measures.

    - 4 cases against the Russian Federation
    57950/00 Isayeva, judgment of 24/02/2005, final on 06/07/2005
    57947/00+ Isayeva, Yusupova and Bazayeva, judgment of 24/02/2005, final on 06/07/2005
    57942/00+ Khashiyev and Akayeva, judgment of 24/02/2005, final on 06/07/2005, rectified on 01/09/2005
    69481/01 Bazorkina, judgment of 27/07/2006, final on 11/12/20067

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.3

    Decisions

    The Deputies

    1. adopted Interim Resolution ResDH(2007)25 as it appears in the Volume of Resolutions (see Appendix I below);

    2. decided to resume consideration of this case at their 997th meeting (5-6 June 2007) (DH).

    - 1 case against Turkey
    25781/94 Cyprus against Turkey, judgment of 10/05/01 – Grand Chamber
    CM/Inf/DH(2007)10rev2 Corrigendum, CM/Inf/DH(2007)10/1, CM/Inf/DH(2007)10/3 revised
    Interim Resolution ResDH(2005)44

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.3

    Decisions

    The Deputies

    1. recalled the exceptional character of the individual measures in this case, having regard to the fact that their adoption has been awaited since the judgment of the European Court on the merits delivered in 1996;

2. took note of the information provided by the Turkish authorities concerning the present situation of the applicant’s property as well as the examination ex proprio motu of the applicant’s case by the “Immovable Property Commission”, set up in northern Cyprus;

    3. noted that the recent contacts between the applicant and the respondent state did not succeed and that to date no concrete proposal has been made to the applicant aimed at putting an end to the continuing violation of her property rights found in this judgment and redressing its consequences;

    4. urged the Turkish authorities to adopt without further delay the measures necessary in this respect;

    5. decided to resume consideration of this case at their 997th meeting (5-6 June 2007) (DH).

    - 1 case against Turkey
    15318/89 Loizidou, judgment of 18/12/96 (merits), Interim Resolutions DH(99)680, DH(2000)105, ResDH(2001)80

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.3

    Decisions

    The Deputies

    1. noted the intention of the Turkish authorities to legislate in order to provide general measures in this case, but that no clear time-frame has been given;

    2. adopted Interim Resolution ResDH(2007)26 as it appears in the Volume of Resolutions (see Appendix II below);

    3. decided to resume consideration of the case at their 997th meeting (5-6 June 2007) (DH).

    - 1 case against Turkey
    28490/95 Hulki Güneş, judgment of 19/06/03, final on 19/09/03, Interim Resolution ResDH(2005)113

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.3

    Decisions

    The Deputies decided to resume consideration of these items at their 997th meeting (5-6 June 2007) (DH).

    - 6 cases against the United Kingdom
    - Action of the security forces in the United Kingdom
    28883/95 McKerr, judgment of 04/05/01, final on 04/08/01
    37715/97 Shanaghan, judgment of 04/05/01, final on 04/08/01
    24746/94 Hugh Jordan, judgment of 04/05/01, final on 04/08/01
    30054/96 Kelly and others, judgment of 04/05/01, final on 04/08/01
    43290/98 McShane, judgment of 28/05/02, final on 28/08/02
    29178/95 Finucane, judgment of 01/07/03, final on 01/10/03

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decision

    The Deputies decided to resume consideration of this item at their 997th meeting (5-6 June 2007) (DH), in particular in the light of memorandum CM/Inf/DH(2007)19 prepared by the Secretariat.

    - 1 case against Turkey
    46347/99 Xenides-Arestis, judgment of 22/12/2005, final on 22/03/2006

    * * *

    992nd DH meeting – 4 April 2007
    Section 2

    Decision

    The Deputies decided to resume consideration of these items at their 997th meeting (5-6 June 2007) (DH), in the light of information to be provided on the payment of just satisfaction, if necessary, as well as on individual measures.

    - 2 cases against Turkey
    72000/01 Göçmen, judgment of 17/10/2006, final on 17/01/2007
    46661/99 Söylemez, judgment of 21/09/2006, final on 21/12/2006

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.1

    Decision

    The Deputies decided to resume consideration of this item at their 997th meeting (5-6 June 2007) (DH), in the light of information to be provided concerning the payment of just satisfaction, if necessary, and the individual measures, in particular the appropriateness of the medical care given to the applicant, in the light of the conclusions of the Court.

    - 1 case against France
    33834/03 Riviere, judgment of 11/07/2006, final on 11/10/20068

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.1

    Decision

The Deputies instructed the Secretariat to prepare a draft final resolution for the 997th meeting (5-6 June 2007) (DH), with a view to the closure of this case.

    - 1 case against France
    44962/98 Yvon, judgment of 24/04/03, final on 24/07/03

    992nd DH meeting – 4 April 2007
    Section 4.1

    Decisions

    The Deputies,

    1. having examined the applicants’ situation following the European Court’s judgments, consider that in the cases of Jedamski and Jedamska, Kniat and Teltronic CATV, no individual measure is required and take notice of the reflexion of the Polish authorities concerning envisageable individual measures in the case of Podbielski et PPU Polpure,

    2. recalled that general measures have been taken in all these cases;

    3. decided to resume consideration of the cases Jedamski and Jedamska, Kniat and Teltronic CATV at their 997th meeting (5-6 June 2007) (DH), in the light of a draft final resolution to be prepared by the Secretariat;

    4. decided to resume consideration of the individual measures possibly required in the case of Podbielski and PPU Polpure at their 997th meeting (5-6 June 2007) (DH).

    - 4 cases against Poland
    73547/01 Jedamski and Jedamska, judgment of 26/07/2005, final on 30/11/2005
    71731/01 Kniat, judgment of 26/07/2005, final on 26/10/2005
    39199/98 Podbielski and PPU Polpure, judgment of 26/07/2005, final on 30/11/2005
    48140/99 Teltronic-Catv, judgment of 10/01/2006, final on 10/04/2006

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.1

    Decision

    The Deputies decided to resume consideration of this item at their 997th meeting (5-6 June 2007) (DH), in the light of additional information to be provided concerning individual measures, namely on further attempts planned to establish the whereabouts of the applicant’s child and its mother, and general measures, namely on the current provision in Swiss law of means to ensure respect of the state’s positive obligations under Article 8 in cases of this kind as well as on the draft legislation envisaged.

    - 1 case against Switzerland
    7548/04 Bianchi, judgment of 22/06/2006, final on 22/09/2006

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.1

    Decision

    The Deputies decided to resume consideration of this item at their 1007th meeting (15-17 October 2007) (DH), with a view to assessing the individual measures taken

    - 1 case against Turkey
    24245/03 D. and others, judgment of 22/06/2006, final on 23/10/2006

    992nd DH meeting – 4 April 2007
    Section 4.1

    Decisions

    The Deputies,

    1. noted the encouraging information received on recent progress achieved in the execution of the judgment in the case of Ahmet Okyay and others, following the adoption of Interim Resolution ResDH(2007)4;

    2. decided to resume consideration of these items at their 997th meeting (5-6 June 2007) (DH),

      - in the case of Ahmet Okyay and others in the light of information to be provided on individual measures,
      - in the case of Taşkın and others and Öçkan and others, in the light of information to be provided on individual measures, in particular, on the outcome of the proceedings pending concerning the annulment of the new operation permit of the mining company and the annulment of the urban plan of the mining area;
      - in all cases in the light of information to be provided on general measures.

    - 3 cases against Turkey
    46117/99 Taşkın and others, judgment of 10/11/2004, final on 30/03/2005, rectified on 01/02/2005
    46771/99 Öçkan and others, judgment of 28/03/2006, final on 13/09/20069
    36220/97 Okyay Ahmet and others, judgment of 12/07/2005, final on 12/10/2005 - Interim Resolution ResDH(2007)4

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies, having examined the information provided by the Bulgaria authorities concerning the measures adopted or envisaged in order to comply with the judgment,
    1. noted with satisfaction the adoption on 23 mars 2007 of the draft law amending the Aliens Act which introduced judicial control by the Supreme Administrative Court of the expulsion, the revocation of a residence permit and of bans on entry into the territory ordered on national security grounds;
    2. recalled however that certain additional issues need to be clarified;
    3. noted the information provided by the authorities concerning the present situation of the applicants but recalled that they still suffer the consequences of the violations found by the European Court in this case insofar as the first applicant is still prevented from going back to Bulgaria and accordingly strongly hoped that the authorities will remedy this situation;

    4. decided to resume consideration of all the necessary measures for the implementation of this judgment at their 997th meeting (5-6 June 2007) (DH).

    - 1 case against Bulgaria
    50963/99 Al-Nashif and others, judgment of 20/06/02, final on 20/09/02

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies,

    1. took note of the measures already adopted as well as of the commitment of the Bulgarian authorities to ensure the implementation of the additional measures required for the execution of these judgments of the Court;

    2. invited the Bulgarian authorities to continue to keep the Committee of Ministers informed of the progress made in the adoption and implementation of the general measures required, in particular those concerning the awareness raising of the competent authorities concerning the problems raised in these judgments;

    3. took note of the recent final judgment of the Supreme Administrative Court rejecting the request of UMO Ilinden – Pirin to be registered as a political party due to certain formal deficiencies concerning the constitution of the party;

    4. took note of the firm commitment of the Bulgarian authorities to ensure the freedom of association of the applicant organisations and to act in conformity with the Convention concerning possible future requests for their registration as political parties or associations;

    5. invited the Bulgarian authorities to continue to keep the Committee of Ministers informed of the applicants’ current situation;

    6. decided to resume consideration of all the measures necessary for the implementation of these judgments at their 997th meeting (5-6 June 2007) (DH).

    - 2 cases against Bulgaria
    59489/00 United Macedonian Organisation Ilinden - Pirin and others, judgment of 20/10/2005, final on 20/01/2006
    59491/00 United Macedonian Organisation Ilinden and others, judgment of 19/01/2006, final on 19/04/2006
    CM/Inf/DH(2007)8

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies,

    1. noted with concern that the problem of lack of effective domestic remedy, highlighted for the first time in the case of Konti-Arvaniti in 2003, still remains unresolved and urged the Greek authorities to take measures to finalise the draft legislation already prepared to remedy this problem;

    2. decided to resume consideration of these items at the 997th meeting (5-6 June 2007) (DH), in the light of further information to be provided concerning payment of just satisfaction if necessary, as well as on general measures, namely the progress of the above draft legislation and possibly on the basis of a draft interim resolution to be prepared by the Secretariat, covering these cases as well as the Manios group of cases.

    - 5 cases against Greece
    53401/99 Konti-Arvaniti, judgment of 10/04/03, final on 10/07/03
    77198/01 Athanasiou, judgment of 29/09/05, final on 29/12/05

    3257/03 Sflomos, judgment of 21/04/05, final on 21/07/05
    20898/03 Chatzibyrros and others, judgment of 06/04/06, final on 06/07/0610
    11720/03 Inexco, judgment of 27/04/06, final on 27/07/0611

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies,

    1. adopted Interim Resolution ResDH(2007)27, as it appears in the Volume of Resolutions (see Appendix III below);

    2. decided to resume consideration of these cases at the latest before 1 November 2008, in the framework of the cases concerning length of judicial proceedings.

    - 29 cases against Italy
    32190/96 Luordo, judgment of 17/07/03, final on 17/10/03
    56298/00 Bottaro, judgment of 17/07/03, final on 17/10/03
    47778/99 Bassani, judgment of 11/12/03, final on 11/03/04
    25513/02 Bova, judgment of 24/05/2006, final on 11/12/200612
    17175/02 Calicchio and Urriolabeitia, judgment of 29/06/2006, final on 11/12/200613
    21757/02 Campello, judgment of 06/07/2006, final on 06/10/200614
    3649/02 Chiumiento, judgment of 29/06/2006, final on 11/12/200615
    6597/03 Ciaramella Pietro, judgment of 06/07/2006, final on 11/12/200616
    10644/02 Collarile, judgment of 08/06/2006, final on 08/09/200617
    77986/01 Forte, judgment of 10/11/2005, final on 10/02/200618
    3643/02 Francesca Carmine, judgment of 24/05/2006, final on 11/12/200619
    3647/02 Francesca Cosimo, judgment of 24/05/2006, final on 11/12/200620
    55984/00 Goffi, judgment of 24/03/2005, final on 06/07/200521
    3653/02 La Frazia, judgment of 29/06/2006, final on 11/12/200622
    3656/02 Marrone, judgment of 24/05/2006, final on 11/12/200623
    42053/02 Matteoni, judgment of 08/06/2006, final on 08/09/200624
    7774/02 Minicozzi, judgment of 24/05/2006, final on 11/12/200625
    10399/02 Moretti Francesco, judgment of 24/05/2006, final on 11/12/200626
    7503/02 Neroni, judgment of 20/04/2004, final on 10/11/2004
    21120/02 Pantuso, judgment of 24/05/2006, final on 11/12/200627
    39884/98 Parisi and 3 others, judgment of 05/02/04, final on 05/05/04
    20662/02 Pernici, judgment of 24/05/2006, final on 11/12/200628

    44521/98 Peroni, judgment of 06/11/03, final on 06/02/04
    52985/99 S.C., V.P., F.C. and E.C., judgment of 6/11/03, final on 6/02/04
    3641/02 Taiani Pio and Ermelinda, judgment of 20/07/2006, final on 20/10/200629
    3638/02 Taiani Vincenzo, judgment of 13/07/2006, final on 13/10/200630
    51703/99 Vadalà, judgment of 20/04/2004, final on 20/07/2004
    29871/02 Vertucci, judgment of 29/06/2006, final on 11/12/200631
    27394/02 Ziccardi, judgment of 08/06/2006, final on 08/09/200632

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decision

    The Deputies, having examined the information provided by the delegation of the respondent state, decided to resume consideration of these cases at their 997th meeting (5-6 June 2007) (DH), in the light of a draft final resolution, to be prepared by the Secretariat.

    - 157 cases against Italy
    - 157 cases relating to the failure to enforce judicial eviction orders against tenants - Interim Resolution ResDH(2004)72
    (See Appendix for the list of cases in the Immobiliare Saffi group)

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies,

    1. recalled, as far as general measures are concerned, the Interim Resolution ResDH(2006)12 in which the Committee of Ministers urged the Moldovan authorities to adopt, without further delay, the legislation necessary to ensure the right of freedom of religion of churches and their members by defining clearly the right to obtain recognition as a religious community and by introducing a remedy in the case of refusal, in conformity with the requirements of the European Convention;

    2. regretted the fact that no new law on religious denominations has yet been adopted

    3. noted however that the procedure for adoption of the new draft law is under way and that the Moldovan authorities have sent the text of the draft law which is pending before the Parliament;

    4. took note of the consultations engaged by the Moldovan authorities with the representatives of the different religious cults in order to reach a legislative text of compromise;

    5. regretted nevertheless that the draft law presently pending before the Parliament, despite of improvements, still does not appear to answer to the concerns expressed by the experts of the Council of Europe and the Secretariat, in particular as it does not define with sufficient clarity,

    - the right of recognition, including full legal personality, of all religious communities, including those with less than 100 members,

    - the right to an effective remedy, notably in case of disputes regarding the recognition of religious communities,

    - the conditions of exercise of the Minister of Justice’s power to request the courts to prohibit the activities of certain religious communities;

    6. noted, as far as the individual measures are concerned, that the Moldovan authorities have given their reply in the end of March 2007 to the concerns expressed by the applicant Church in February 2007 concerning in particular the registration of certain parishes;

    7. invited the Moldovan authorities to rapidly remedy, in direct consultation with the Secretariat, the problems that are still caused by the draft law and the registration of certain entities of the applicant Church;

    8. insisted on the urgency to execute fully this judgment of the European Court of Human Rights which is currently pending before the Committee since more than five years;

    9. decided to resume consideration on the basis of a new draft interim resolution, if need be, of all necessary measures for the execution of this judgment at their 997th meeting (5-6 June 2007) (DH).

    - 1 case against Moldova
    45701/99 Metropolitan Church of Bessarabia and others, judgment of 13/12/01, final on 27/03/02
    Interim Resolution ResDH(2006)12

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies,

    1. adopted Interim Resolution ResDH(2007)28, as it appears in the Volume of Resolutions (see Appendix IV below) ;

    2. décided to resume consideration of these cases at the latest at their second meeting DH of 2008.

    - 143 cases against Poland

    - 11 cases of length of criminal proceedings
    30210/96 Kudła, judgment of 26/10/00 - Grand Chamber
    34220/96 A.W., judgment of 24/06/2004, final on 10/11/2004
    43316/98 B.R., judgment of 16/09/03, final on 16/12/03
    60299/00 Bogacz, judgment of 09/05/2006, final on 09/08/2006
    49035/99 Bzdyra, judgment of 15/11/2005, final on 15/02/2006
    2983/02 Dzierżanowski, judgment of 27/06/2006, final on 27/09/200633
    37443/97 Lisiak, judgment of 05/11/02, final on 05/02/03
    42096/98 Skawińska, judgment of 16/09/03, final on 24/03/04

    38663/97 Panek, judgment of 08/01/04, final on 08/04/04
    55233/00 Wojda, judgment of 08/11/2005, final on 08/02/2006
    46002/99 Wróbel, judgment of 20/07/2004, final on 15/12/2004
    CM/Inf/DH(2004)31

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies decided to resume consideration of these cases:

    1. at their 997th meeting (5-6 June 2007) (DH), in the light of further information to be provided concerning payment of the just satisfaction, if necessary;

    2. at the latest at their 1007th meeting (15-17 October 2007) (DH), in the light of further information to be provided concerning the general measures as well as concerning the state of pending domestic proceedings and their acceleration, if necessary.

    - 161 cases against Slovenia

          - 161 cases of length of judicial proceedings and of lack of an effective remedy

    (See Appendix for the list of cases in the Lukenda group)

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies,

    1. took note with satisfaction of the fact that an action plan was submitted by the authorities of the respondent State regarding the general measures taken or envisaged to fully execute the Court’s judgment in particular with a view to preventing the use of excessive force by Turkish soldiers on guard duty along the cease-fire lines in Cyprus, which will be fully assessed by the Secretariat shortly;

    2. invited the Turkish authorities to rapidly provide the information regarding the outcome of the evaluation by the Attorney General of the possibilities of reopening the investigation into Mr Kakoulli’s killing;

    3. decided to resume consideration of this item at their 997th meeting (5-6 June 2007) (DH).

    - 1 case against Turkey
    38595/97 Kakoulli, judgment of 22/11/2005, final on 22/02/2006

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies,

    1. deplored anew that no individual measure has yet been taken by the Turkish authorities to put an end to the violation found by the Court as the applicant is still wanted by the security forces with a view to his arrest and the execution of his sentence;

    2. regretted that no information had been provided on general measures taken or envisaged in order to bring the legal framework governing the situation of those who refuse to perform military service on conscientious or religious grounds into conformity with the requirements of the Convention;

    3. decided to resume the consideration of this item at their 997th meeting (5-6 June 2007) (DH), and instructed the Secretariat to prepare an Interim Resolution in time for this meeting.

    - 1 case against Turkey
    39437/98 Ülke, judgment of 24/01/2006, final on 24/04/2006

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies, having assessed the recently adopted provisions of the Criminal Code and the Law on Anti-Terrorism in the light of the available examples of decisions by domestic courts and prosecutors,

    1. noted with satisfaction that in certain of the decisions examined, courts and prosecutors directly relied on the Convention requirements in order to protect the right to freedom of expression;

    2. noted however that these examples do not allow to conclude that the new permissible legal restrictions on the right to freedom of expression, such as "incitement to violence" or "public interest", are consistently applied in accordance with the Convention and the Court's judgments;

    3. encouraged the Turkish authorities to continue their efforts to bring the relevant provisions fully in conformity with the Convention requirements and thus to prevent any risk of new violations of the Convention similar to those found in the present cases;

    4. invited the authorities to strengthen the direct effect of the Convention and of the Court's judgments in prosecutors’ practice and in domestic courts’ case-law, in particular by systematically including the relevant requirements in initial and in-service training for judges and prosecutors and by taking more targeted measures where appropriate;

    5. urged the authorities to take all necessary measures in order to grant the applicants appropriate redress by erasing all effects of those convictions which were found by the Court in violation of the Convention;

    6. decided to resume consideration of these cases at their 997th (5-6 June 2007) (DH) in the light of further information to be provided on payment of just satisfaction, if necessary;

    7. decided to resume consideration of these cases at their 1007th meeting (15-17 October 2007) (DH) in order to assess progress in the adoption of general measures as well as individual measures.

    8. decided to declassify the Memorandum prepared by the Secretariat CM/Inf/DH(2007)20.

    - 67 cases against Turkey

    - 58 cases concerning freedom of expression
    Interim Resolutions ResDH(2001)106 and ResDH(2004)38; CM/Inf/DH(2003)43
    (See Appendix for the list of cases in the Inçal group)

          - 9 Friendly settlements concerning freedom of expression and involving undertakings by the Turkish government

    Interim Resolutions ResDH(2001)106 and ResDH(2004)38
    CM/Inf/DH(2003)43
    32985/96 Altan, judgment of 14/05/02 - Friendly settlement
    37048/97 Demirtaş Nurettin, judgment of 09/10/03 - Friendly settlement
    37721/97 Erkanlı, judgment of 13/02/03 - Friendly settlement
    35076/97 Erol Ali, judgment of 20/06/02 - Friendly settlement
    42436/98 Gerger No. 2, judgment of 09/03/04 - Friendly settlement
    26976/95+ Sürek Kamil Tekin No. 5, judgment of 16/07/02 - Friendly settlement
    29910/96 Tanıyan, judgment of 17/03/2005 - Friendly settlement
    51002/99+ Zana and others, judgment of 11/01/2005 - Friendly settlement
    32455/96 Zarakolu, judgment of 27/05/03 - Friendly settlement

    * * *

    992nd DH meeting – 4 April 2007
    Section 4.2

    Decisions

    The Deputies

    1. welcomed a number of legislative and other measures planned or being taken to resolve the structural problem of the state's failure to enforce domestic court decisions;

    2. invited the Ukrainian authorities to provide information on further measures envisaged to remedy the outstanding issues;

    3. decided to resume consideration of these cases at their 997th meeting (5-6 June 2007) (DH), in the light of information to be provided concerning payment of just satisfaction, if necessary, and to assess the progress in the adoption of individual and general measures on the basis of the memorandum to be prepared by the Secretariat.

    - 151 cases against Ukraine

          - 151 cases concerning the failure or substantial delay by the administration or state companies in abiding by final domestic judgments

    (see Appendix for the list of cases in the Zhovner group )

    * * *

    992nd DH meeting – 4 April 2007
    Section 5.2

    Decisions

    The Deputies

    1. noted with regret that the pre-trial detention found to be excessive by the Court still continues for more than two years in the case of Taciroğlu and seventeen years in the case of Baltacı and that the criminal proceedings are still pending in certain other cases;

    2. decided to resume consideration of these cases at their 1007th meeting (DH) (15-17 October 2007) with a view to supervising the payment of the just satisfaction if necessary and assessing progress in adoption of general measures and of urgent individual measures in certain cases.

    - 29 cases against Turkey
    - 29 cases of length of detention on remand and of length of criminal proceedings
    (See Appendix for the list of cases in the Demirel group)

    * * *

    Appendix I

    Section 4.3

    COUNCIL OF EUROPE
    COMMITTEE OF MINISTERS

    Interim Resolution ResDH(2007)25
    concerning the judgment of the European Court of Human Rights of 10 May 2001
    in the case of Cyprus against Turkey


    (Adopted by the Committee of Ministers on 4 April 2007,
    at the 992nd 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 (hereinafter referred to as “the Convention”),

    Having regard to the judgment of the European Court of Human Rights (“the Court”) in the case of Cyprus against Turkey (application No. 25781/94) delivered on 10 May 2001 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

    Recalling that the Court, in this judgment, found fourteen violations of the Convention relating to a number of issues regarding the situation in northern Cyprus since the military intervention by Turkey in July and August 1974;

    Recalling that the obligation incumbent on all states to comply with the judgments of the European Court of Human Rights under Article 46, paragraph 1, of the Convention entails an obligation to adopt measures to put an end to the violations found, to erase as far as possible their consequences and to prevent new violations similar to those found by the Court;

    Emphasising that the need to adopt such measures in this case is all the more pressing given the violations at issue, as well as the time that has elapsed since they were found;

    Recalling that the execution of the judgment by Turkey has been regularly examined by the Committee since June 2001;

    Recalling that, on 7 June 2005, a first Interim Resolution in this case was adopted, which concerned in particular the issue of missing persons, certain aspects of the issue of living conditions of Greek Cypriots living in the north, in particular regarding education and the freedom of religion, and the issue relating to the rights of military courts to judge civilians;

    Recalling that in view of the abrogation of the right of military courts to judge civilians, the examination of the last mentioned issue was closed by that same Interim Resolution;

    Having focused its examination, since the adoption of the above-mentioned Interim Resolution, more particularly on the issue of missing persons, on specific aspects of the living conditions of Greek Cypriots in northern Cyprus, in particular education and freedom of religion, and, since February 2006, on the issue of the home and property of displaced persons; having taken note of developments regarding these issues and the information furnished by Turkey on additional measures taken or envisaged following the judgment (see appendix);

    Issue of missing persons

    Stressing that the Court noted in particular the continuing absence of effective investigations into the fate of missing Greek Cypriots, as well as the silence of the Turkish authorities in the face of the real concerns of the relatives of missing persons (continuing violation of Articles 2,3 and 5 of the Convention);

    Recalling in this respect that, after a long period of inactivity, the Committee on Missing Persons in Cyprus (CMP), set up in 1981 under the aegis of the United Nations, was reactivated at the end of August of 2004 and that a special information unit has been set up for families within the Office of the Turkish Cypriot member of the CMP;

    Noting with satisfaction in this context that, in the framework of the Exhumation and Identification Programme, launched in August 2006 under the auspices of the CMP, exhumations have been performed all over Cyprus and anthropological analysis of remains found is being conducted in an anthropological laboratory established in the buffer zone, for purposes of identification of those remains;

    Recalling however once again, that the Court found that “although the CMP’s procedures are undoubtedly useful for the humanitarian purpose for which they were established, they are not of themselves sufficient to meet the standard of an effective investigation required by Article 2 of the Convention, especially in view of the narrow scope of that body’s investigations” (§135 of the judgment) and its territorial jurisdiction, which is limited to the island of Cyprus (§27 of the judgment);

    Noting that the CMP has the mandate to draw up an exhaustive list of missing persons of both communities, to determine whether they are alive or dead, and, in the latter case, determine the approximate date of their deaths;

Welcoming the concrete measures taken in the framework of this mandate, and in particular through the aforementioned Exhumation and Identification Programme, which clearly evidence a positive development in the execution of the present judgment;

Recalling however that additional measures are required in order to ensure full compliance with the Court’s judgment as regards the requirements of effective investigations, aimed at clarifying the whereabouts and fate of Greek-Cypriot missing persons who disappeared in life-threatening circumstances or of whom there is an arguable claim that they were in custody when they disappeared, and regretting that, since the adoption of the first Interim Resolution in this case, Turkey has furnished no information in this respect;

Emphasising again the urgency of this issue,

WELCOMES the progress achieved in the work of the CMP, and in particular through the Exhumation and Identification Programme, and encourages the continuation of the efforts so far deployed;

CALLS UPON Turkey, however, to rapidly provide information on additional measures required to ensure the effective investigations called for by the Court’s judgment;

    Issues relating to education

Recalling that the Court found that the schoolbooks destined for use in the primary school of Greek Cypriots living in northern Cyprus were subject to excessive measures of censorship (violation of Article 10) and that the absence of appropriate secondary education facilities constituted a violation of the right to education of Greek Cypriots living in northern Cyprus (violation of Article 2 of Protocol No. 1);

Welcoming the continued functioning of the secondary school in Rizokarpaso since 2004 and in particular the fact that since September 2005 full secondary education to Greek Cypriot children is ensured; noting also the improvement of the regulatory framework aimed at securing the basis for the secondary education offered;

Noting with satisfaction the undertaking of the Turkish authorities to continue to provide for full secondary education for Greek Cypriot children in the future;

Welcoming in this context that censorship of schoolbooks no longer takes place, the censorship procedure having been replaced by a simple and swift screening procedure which takes into account notably the criteria of the European Convention and only results in a report containing recommendations;

DECIDES to close the examination of the issues relating to the violations found under Article 2 Protocol 1 and Article 10 of the Convention;

      Issues relating to the freedom of religion

Recalling that the Court considered that restrictions on the freedom of movement of the Greek Cypriot population living in northern Cyprus, as well as the refusal to appoint a second priest in the region of Karpas, had infringed their freedom of religion (violation of Article 9);

Welcoming that such restrictions have been lifted in a satisfactory manner and noting in particular that numerous examples demonstrate that a normal and regular religious life in conformity with the requirements of the Convention is today possible;

Recalling that a request for the appointment of a second priest formulated by the Cypriot authorities through UNFICYP was approved in March 2005 but that the priest in question did not take up his duties due to personal reasons; recalling also that two further requests have been dealt with speedily, the appointment having however been rejected for reasons of security;

Noting that on 29 December 2006, the authorities of the applicant state made a new request for the appointment of a second priest to officiate in the Karpas region through UNFICYP, which has been confirmed by the competent authorities;

DECIDES to close the examination of the issues relating to the violations found under Article 9 of the Convention;

    Issues relating to home and property of displaced persons

Recalling that the Court found violations by reason of the refusal to allow the return of any Greek-Cypriot displaced persons to their homes in northern Cyprus (continuing violation of Article 8), by the fact they were being denied access to and control, use and enjoyment of their property as well as any compensation for the interference with their property rights (continuing violation of Article 1 of Protocol No. 1) and by reason of the absence of a remedy to contest interferences with their rights under Article 8 of the Convention and Article 1 of Protocol No. 1 (violation of Article 13);

Taking note of the information submitted by the Turkish authorities on the adoption of the “Law for the Compensation, Exchange and Restitution of Immovable Properties” (“Law no. 67/2005”), which entered into force on 22 December 2005, and on the establishment and functioning of the “Immovable Property Commission”;

Noting the assessment of this mechanism made by the Third Chamber of Court in its judgment regarding just satisfaction in the case of Xenides-Arestis of 7 December 2006, but underlining the fact that the judgment in question has not become final yet since the applicant party and the Government of the respondent state made requests for the referral of the case to the Grand Chamber;

    Reiterating the necessity not to interfere with the current ongoing judicial process before the Court in the Xenides-Arestis case and not to pre-empt or influence in any way the assessment the Court will be called on to make in that context;

    Recalling further that detailed and concrete information on changes and transfers of property at issue in the judgment and on the measures taken or envisaged regarding this situation has been regularly requested since June 2006 (966th meeting), in particular in the light of the ongoing property developments in northern Cyprus, and noting in this respect that the information provided in response does not yet clarify this issue;

    URGES the Turkish authorities to provide without delay such information, as well as information on measures taken to safeguard the property rights of the displaced persons as these have been recognised in the judgment of the European Court, without prejudging the redress required by the Convention, be it restitution, compensation, exchange or otherwise.

    Other outstanding issues

    Recalling that additional issues remain outstanding regarding further aspects of the living conditions of Greek Cypriots in northern Cyprus, notably those related to their property rights and their right to effective remedies;

    Taking note of the fact that the Turkish authorities have recently submitted further information regarding these issues which remains to be assessed;

* * * * *

Welcomes the progress achieved in the execution of this judgment since the first interim resolution, which now allows the Committee to also close its examination of the violations established in relation to the issues of education and freedom of religion,

Requests Turkey to rapidly take all the additional measures required to ensure the full and complete execution of the judgment;

Decides to resume the consideration of the outstanding issues at their 997th meeting (5-6 June 2007), and

Decides to continue the supervision of progress accomplished until all necessary measures have been taken.

    * * *

    Appendix to Interim Resolution ResDH(2007)25

    Information provided by the Government of Turkey
    during the examination of the case Cyprus against Turkey
    by the Committee of Ministers

    With regard to the issue of missing persons, the reactivated CMP continues to function. In August 2005 an Exhumation and Identification Programme was launched, which has been supported by financial donations from several countries. This Programme entails exhumations on both sides and DNA analysis in an anthropological laboratory established in the buffer zone of remains found, for purposes of identification of those remains.

    The Turkish authorities invite the Deputies to follow ongoing developments in this context.

Concerning the censorship of schoolbooks for use in the Greek Cypriot primary schools in the north of the island, found excessive by the Court with regard to Article 10 of the Convention, the Turkish authorities have declared earlier that the screening of all schoolbooks used in northern Cyprus is presently conducted in conformity with the Council of Europe standards and that it has been relaxed and accelerated. The current simple and swift screening procedure is regulated by a decree adopted by the “TRNC Council of Ministers” on 8 November 2005.

    With regard to secondary education, the Turkish authorities have announced earlier the opening, on 13 September 2004, of a school in Rizokarpaso providing initially for the first three years of secondary schooling. Since September 2005, this school provides for full secondary education for Greek Cypriot children. The school is now successfully pursuing its activities for the third year.

    Furthermore, the Resolution adopted by the “Turkish Cypriot Council of Ministers” on 23 May 2005 and amended on 8 November 2005, provides a stable and lasting basis for the continued functioning of the Greek Cypriot school, ensuring full primary and secondary education in line with the requirements of the Convention.

    With regard to the questions relating to the freedom of religion, the Turkish authorities reaffirm that there is no interference in the religious activities of the Greek Cypriots living in northern Cyprus, since restrictions on the freedom of movement have been lifted.

The Turkish authorities furthermore indicate that a new request for the appointment of a second priest to officiate in the Karpas region, introduced by the Cypriot authorities on 29 December 2006 and transmitted by UNFICYP on 27 February 2007, has recently been approved by the “TRNC authorities”.

As regards the issue of home and property of displaced persons, the Turkish authorities have provided information on the new “Law for the Compensation, Exchange and Restitution of Immovable Properties” adopted in response to the Court’s judgment in the case of Xenides-Arestis.

In addition, they have made reference to the current economical development in the “TRNC”.

    Appendix II

    Section 4.3

    COUNCIL OF EUROPE
    COMMITTEE OF MINISTERS

    Interim Resolution ResDH(2007)2634

    Execution of the judgment of the European Court of Human Rights
    Hulki Güneş against Turkey

    (Application No. 28490/95, judgment of 19 June 2003, final on 19 September 2003,

    Interim Resolution ResDH(2005)113)

    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 referred to as “the Convention” and “the Court”);

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

    Recalling that, in that judgment, the Court found violations of the applicant’s right to a fair trial before the Diyarbakır State Security Court, on account of:

      - the lack of independence and impartiality of the tribunal due to the presence of a military judge on the bench of the State Security Court (violation of Article 6, paragraph 1);
      - the impossibility for the applicant to examine or to have examined the witnesses who testified against him (violation of Article 6, paragraphs 1 and 3(d));

    Noting that the Court found that the applicant had been subjected to inhuman and degrading treatment while in police custody (violation of Article 3);

    Noting further that, as a result of the unfair proceedings the applicant was sentenced to death, a sentence which was subsequently commuted to life imprisonment;

    Recalling that, since the first examination of the case by the Committee of Ministers, the Court’s judgment has been consistently held to require the adoption of individual measures in view of the extent of the violations of the right to a fair trial casting serious doubts on the safety of applicant’s conviction;

    Recalling that, since no such individual measures were taken, the Committee adopted on 30 November 2005 Interim Resolution ResDH(2005)113 calling on the Turkish authorities to abide by their obligation, under Article 46, paragraph 1, of the Convention, to redress the violations found in respect of the applicant and concluding that the reopening of the impugned criminal proceedings remained the best means to ensure restitutio in integrum in this case;

    Recalling further that the acting Chairmen of the Committee addressed two letters on 21 February 2005 and 12 April 2006 to their Turkish counterpart conveying the Committee’s concern at Turkey’s continuing failure to comply with the judgment and urging for appropriate measures in respect of the applicant;

    Deeply deploring that, notwithstanding the Committee’s Interim Resolution and the two letters from the Chair, no measures have yet been taken by the Turkish authorities, beyond the payment of just satisfaction, to grant the applicant, who is still serving his life sentence, adequate redress for the violations found;

    Noting with concern that, despite the adoption of the new Article 90 of the Turkish Constitution, the Code of Criminal Procedure still excludes the reopening of the criminal proceedings in this case as in numerous other cases pending before the Committee for supervision of execution, as it only provides reopening of proceedings in respect of Court judgments which became final before 4 February 2003 or those rendered in applications lodged with the Court after 4 February 2003;

    Recalling in particular that the request for the reopening of proceedings lodged by the applicant had been rejected by domestic courts solely on the ground of this temporal limitation and without any assessment of the need for a new trial to remedy the specific violations found by the Court in the particular circumstances of the case;

    Considering that a continuation of the present situation would amount to a manifest breach of Turkey’s obligations under Article 46, paragraph 1, of the Convention;

      CALLS UPON the Turkish authorities, without further delay, to abide by their obligation under Article 46 paragraph 1 of the Convention to redress the violations found in respect of the applicant;

      STRONGLY URGES the Turkish authorities to remove the legal lacuna preventing the reopening of domestic proceedings in the applicant’s case.

    Appendix III

    Section 4.2

    COUNCIL OF EUROPE
    COMMITTEE OF MINISTERS

    Interim Resolution ResDH(2007)27

    Bankruptcy proceedings in Italy:
    Progress achieved and problems remaining in the execution of the judgments
    of the European Court of Human Rights

    (Adopted by the Committee of Ministers on 4 April 2007,
    at the 992nd 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, which provides that the Committee shall supervise the execution of the final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

    Considering the judgments listed in Appendix II, in which the Court found that the restrictions imposed on individuals’ rights and freedoms in the context of bankruptcy proceedings violated various provisions of the Convention, in particular:

    - the right to respect for correspondence (violations of Article 8);
    - the right of freedom of movement (violations of Article 2 of Protocol No. 4);
    - the right to the peaceful enjoyment of one’s possessions (violations of Article 1 of Protocol No. 1); and
    - the right to an effective remedy in respect these violations (violations of Article 13);
    - the right of access to a court (violation of Article 6, paragraph 1);

    Recalling the Court’s finding that the need for these restrictions, which were not open to criticism in themselves diminishes with the passage of time so that the excessive length of bankruptcy proceedings upsets the balance between the individual interest of the bankrupt and the general interest of the creditors;

    Recalling further that Court considered that the imposition of certain personal disqualifications resulting from the public registration of bankrupts was not necessary in a democratic society and ran counter to the respect of the right to private life (violations of Article 8);

    Underlining states’ obligation under the terms of Article 46, paragraph 1, of the Convention, to comply with the Court’s judgments by adopting individual measures designed to put an end to the violations found, and to erase their consequences to ensure as far as possible restitutio in integrum, as well as general measures to prevent similar violations in the future;

    Noting that many of the restrictions at issue originated from Royal Decree No. 267 of 16 March 1942 which imposed on declared bankrupts the supervision of their correspondence, the prohibition on leaving their place of residence without judicial authorisation as well as certain personal disqualifications and banned them from administering their property and from going to law with regard to such property;

    Noting further that Decree No. 223 of 20 March 1967 by the President of the Republic, as amended by Law No. 15 of 16 January 1992 provided the suspension of bankrupts’ electoral rights for five years following the declaration of their bankruptcy;

    Noting however that the most intractable cause of the violations remains the structural problem of the excessive length of judicial proceedings in Italy;

    Welcoming the reform brought in on 9 January 2006 by Legislative Decree No. 5/2006 which introduced new rules, lifting most of the restrictions previously imposed in bankruptcy proceedings, thus making good a number of the violations found by the Court (for more details, see Appendix I);

    Noting with satisfaction that the restrictions on bankrupts have thus been lifted with immediate effect in all proceedings still pending, that the rules governing complaints against acts of liquidators and magistrates in bankruptcy matters have been effectively changed and that the suspension of their electoral rights and the personal disqualifications have also been lifted;

    Noting that the reform also introduced measures to accelerate bankruptcy proceedings, the efficacy of which will be examined in the context of the general problem of the excessive length of proceedings;

    Recalling in this respect that the general problem of the length of judicial proceedings continues to exist in Italy and also affects bankruptcy proceedings, leading in addition to violations of the requirement of reasonable time and other related violations( right to the peaceful enjoyment of possessions and right of access to a court);

    Emphasising that the problem of the excessive duration of judicial proceedings, by dint of its persistency and scope, represents a concrete danger for the respect of the Rule of Law in Italy (see Interim Resolution ResDH(2005)114) and that Italy still has to comply with its obligation under the Convention to solve this structural problem which has given rise to so many, varied violations of the Convention since the 1980s;

    Recalling that, in its last Interim Resolution on the subject, ResDH(2007)2, the Committee of Ministers invited the Italian authorities to undertake interdisciplinary action involving all the major judicial actors and co-ordinated at the highest political level, to draw up a new, effective strategy to overcome this structural problem;

    Also recalling its decision to resume consideration of the progress achieved setting up this strategy before 1 November 2008 and welcoming the Italian authorities’ intention of co-operating closely and regularly with the Council of Europe Secretariat in this respect,

    Noting with concern where individual measures are concerned all proceedings have been closed except for those in the case of S.C., V.P., F.C. and E.C which are still pending after 14 years, which means that certain effects of the violation of Article 1 Protocol No. 1 found by the Court remain,

      INVITES the authorities to bring an end as soon as possible to the 14-year-old proceedings in the case of S.C., V.P., F.C. and E.C and to erase thus all remaining effects of the violations found by the European Court;

      WELCOMES the 2006 reform of bankruptcy proceedings and its immediate effect in erasing many restrictions of rights and freedoms criticised in the Court’s judgments;

      DECIDES examine these cases in conjunction with those related to the more general problem of the excessive duration of judicial proceedings and to resume examination of the measures required in the context of its next examination of that problem which is scheduled for before 1 November 2008;

      CALLS ON the Italian authorities and the Secretariat to keep it regularly informed of progress achieved in setting up the new national strategy to overcome the general problem of the duration of judicial proceedings in Italy as well as the effects of the reform on the acceleration of bankruptcy proceedings.

    * * *

    Appendix I to Interim Resolution ResDH(2007)27

    Information provided by the Government on measures adopted to erase the consequences of the violations found by the Court and to prevent new, similar violations

    Individual measures

    Following the reform of 2006 (see General measures below) the restrictions on correspondence and freedom of movement as well as the disqualifications and the suspension of electoral rights have been lifted with immediate effect. In addition, means of complaint against acts and omissions by liquidators and judges have been improved. No further measure is necessary in respect of these restrictions with regard to any of the cases at issue.

    In the only pending case, that of S.C., V.P., F.C. and E.C., the length of the proceedings is not solely the fault of the authorities but also due to the conduct of the applicants which has obliged the liquidator to take measures to recover certain property fraudulently misappropriated from the property due to the creditors. However, the competent authorities are fully aware of the pressing need to accelerate these proceedings as far as possible.

    General measures

    1) Legislative measures adopted in 2006: Italy has reformed its bankruptcy law through Legislative Decree No. 5/2006, of 9 January 2006, which brought about a number of modifications to remedy the violations found, in particular:

    - Respect for correspondence: (Article 48 of the Decree):
    The bankrupt now receives all his correspondence and is obliged to transmit to the liquidator only communications concerning the bankruptcy proceedings, whereas beforehand all letters were diverted directly to the liquidator;

    - Freedom of movement: (Article 49):
    The only obligation remaining now the bankrupt is to inform the competent authorities of any change of residence, whereas formerly he could not leave his residence without authorisation;

    - Personal disqualifications (Article 47):
    The public bankruptcy register has been abolished.

    - Suspension of electoral rights (Article 152):
    The relevant provisions have been repealed.

    - Complaints against the acts or omissions of liquidators and magistrates (Article 26 and 36 of the Decree):
    This new rule, which abolished preventive supervision of correspondence, should also resolve the problem found by the Court concerning remedies. In any event, the new reform has improved remedies in that decisions must be given rapidly and in that omissions by the liquidator may be challenged.

    - Right to a trial within a reasonable time:
    According to information already provided by the government in the course of consideration of the cases of length of judicial proceedings, the recent reform of bankruptcy law has modified many specific rule governing bankruptcy to avoid opening proceedings where possible or otherwise to accelerate them by simplifying them and introducing deadlines and more efficient mechanisms.

    2) Publication of the European Court’s judgments: The judgments in Luordo and Bottaro have been published in Italian in the Ministry of Justice's Bulletin, No. 1 of 15 January 2004 and have been brought to the attention of the competent authorities. Certain judgments in this group of cases have been published on Italian legal websites (see: <http://www.dirittiuomo.it/Corte%20Europea/Italia/2003/Fallito2003.htm>).

    3) Questions still outstanding: Property rights, right to a court, excessive length of proceedings

    For the duration of bankruptcy proceedings, the liquidator administers the property and is responsible before the courts for all questions relating to it. The reform did not cover this aspect because it is inherent in the very aim of the bankruptcy procedure. In this respect, the European Court underlined that such interference in the administration and representation of property was not to be called into question in itself but only insofar as they lasted too long. The origin of the violation is thus to be found in the excessive length of bankruptcy proceedings.

    The government is thus of the view that the general measures which remain to be taken for compliance with the judgments in these case are closely linked with those to be envisaged to overcome the general problem of the excessive length of judicial proceedings. The adoption of such measure, including setting up the new national strategy, will remain under the supervision of the Committee of Ministers in the framework of its role pursuant to Article 46, paragraph 2, of the convention (see Interim Resolution ResDH(2007)2).

    * * *

    Appendix II to Interim Resolution ResDH(2007)27

    List of cases

    32190/96 Luordo, judgment of 17/07/03, final on 17/10/03
    56298/00 Bottaro, judgment of 17/07/03, final on 17/10/03
    47778/99 Bassani, judgment of 11/12/03, final on 11/03/04
    25513/02 Bova, judgment of 24/05/2006, final on 11/12/2006
    17175/02 Calicchio and Urriolabeitia, judgment of 29/06/2006, final on 11/12/2006
    21757/02 Campello, judgment of 06/07/2006, final on 06/10/2006
    3649/02 Chiumiento, judgment of 29/06/2006, final on 11/12/2006
    6597/03 Ciaramella Pietro, judgment of 06/07/2006, final on 11/12/2006
    10644/02 Collarile, judgment of 08/06/2006, final on 08/09/2006
    77986/01 Forte, judgment of 10/11/2005, final on 10/02/2006
    3643/02 Francesca Carmine, judgment of 24/05/2006, final on 11/12/2006
    3647/02 Francesca Cosimo, judgment of 24/05/2006, final on 11/12/2006
    55984/00 Goffi, judgment of 24/03/2005, final on 06/07/2005
    3653/02 La Frazia, judgment of 29/06/2006, final on 11/12/2006
    3656/02 Marrone, judgment of 24/05/2006, final on 11/12/2006
    42053/02 Matteoni, judgment of 08/06/2006, final on 08/09/2006
    7774/02 Minicozzi, judgment of 24/05/2006, final on 11/12/2006
    10399/02 Moretti Francesco, judgment of 24/05/2006, final on 11/12/2006
    7503/02 Neroni, judgment of 20/04/2004, final on 10/11/2004
    21120/02 Pantuso, judgment of 24/05/2006, final on 11/12/2006
    39884/98 Parisi and 3 others, judgment of 05/02/04, final on 05/05/04
    20662/02 Pernici, judgment of 24/05/2006, final on 11/12/2006
    44521/98 Peroni, judgment of 06/11/03, final on 06/02/04
    52985/99 S.C., V.P., F.C. and E.C., judgment of 6/11/03, final on 6/02/04
    3641/02 Taiani Pio and Ermelinda, judgment of 20/07/2006, final on 20/10/2006
    3638/02 Taiani Vincenzo, judgment of 13/07/2006, final on 13/10/2006
    51703/99 Vadalà, judgment of 20/04/2004, final on 20/07/2004
    29871/02 Vertucci, judgment of 29/06/2006, final on 11/12/2006
    27394/02 Ziccardi, judgment of 08/06/2006, final on 08/09/2006

    Appendix IV

    Section 4.2

    COUNCIL OF EUROPE
    COMMITTEE OF MINISTERS

    Interim Resolution ResDH(2007)28
    concerning the judgments of the European Court of Human Rights 
    in 143 cases against Poland (see Appendix II)  
    relating to the excessive length of criminal and civil proceedings

    and the right to an effective remedy

    (Adopted by the Committee of Ministers on 4 April 2007
    at the 992nd 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 great number of judgments of the European Court of Human Rights (“the Court”) finding Poland in violation of Article 6, paragraph 1, of the Convention on account of the excessive length of judicial proceedings before the civil and criminal courts (see Appendix II to this resolution);

    Having regard to the fact that in several cases the Court also found that there had been a violation of Article  13 of the Convention in that the applicants had no domestic remedy whereby they might enforce their right to a “hearing within a reasonable time” as guaranteed by Article 6, paragraph 1 of the Convention (e.g. Kudła against Poland, judgment of 26 October 2000 and D.M. against Poland, judgment of 14 October 2003);

    Recalling that excessive delays in the administration of justice constitute a serious danger for the respect of the rule of law;

    Recalling that the obligation of every state, under Article 46, paragraph 1, of the Convention, to abide by the judgments of the Court involves an obligation rapidly to adopt the individual measures necessary to erase the consequences of the violations as well as to adopt general measures preventing new violations of the Convention similar to those found including provision of effective domestic remedies pending the entry into effect of the necessary changes;

    Recalling in this respect the Committee of Ministers’ Recommendation to member states Rec(2004)6 regarding the need to improve the efficiency of domestic remedies;

    Stressing the importance of rapid adoption of such measures in cases where judgments reveal structural problems which may give rise to a large number of new, similar violations of the Convention;

    Having invited Poland to inform it of the measures adopted or being taken in consequence of the judgments concerning the excessive length of judicial proceedings and having examined the information provided by the Polish authorities in this respect (as it appears in the Appendix I to this interim resolution);

    Measures to remedy the excessive length of proceedings

    Having noted the individual measures taken by the authorities to provide the applicants redress for the violations found (restitutio in integrum), in particular by accelerating as far as possible the proceedings which were still pending after the findings of violations by the Court (see details in Appendix I);

    Welcoming the reforms adopted so far by the authorities in order to remedy the structural problems related to the excessive length of judicial proceedings in Poland, and in particular:

      - the legislative reforms (new Code of Criminal Procedure and subsequent amendments) adopted in 1997 and 2003 aimed at simplifying and accelerating criminal proceedings;

      - the additional administrative and structural measures adopted to prevent further, unreasonably long proceedings and to accelerate those which have already been excessively lengthy (in particular increasing the number of judges and administrative personnel, increasing courts’ budgets and establishing of monitoring mechanisms); and

      - the setting-up of a domestic remedy in 2004 for cases of excessive length of judicial proceedings allowing litigants to seek acceleration of the proceedings and claim compensation for damages caused by their excessive length;

    Noting the statistical data provided by the Polish authorities and in particular the positive trend concerning the decrease in the number of “old” cases pending before civil courts (those pending for more than five years) and the increasing efficiency of criminal courts;

    Noting, however, that the existing mechanism for evaluating the average length of judicial proceedings at national level is unclear and hinders supervision of the evolution of the duration of proceedings;

    Measures to put right the lack of effective remedy

    Welcoming the creation of a domestic remedy in cases of excessive length of judicial proceedings and noting that the Court has already found, on the basis of the provisions of the legislation of 2004, that it satisfies the “effectiveness” test established in the Kudła judgment (see Appendix I, Section II B);

    Noting nevertheless that the new remedy seems to exclude the possibility of complaining against the excessive length of the pre-trial stage of criminal proceedings;

    Underlying that the creation of the new domestic remedy does not obviate the obligation to pursue with diligence the adoption of general measures required to prevent new violations of the Convention;

    ENCOURAGES the Polish authorities, in view of the gravity of the systemic problem concerning the excessive length of judicial proceedings:

    - to continue the examination and adoption of further measures to accelerate judicial proceedings and reduce the backlog of cases;

    - to establish a clear and efficient mechanism for evaluating the trend concerning the length of judicial proceedings; and

    - to ensure that the new domestic remedy is implemented in accordance with the requirements of the Convention and the case-law of the Court and to consider introducing such a remedy as regards the pre-trial stage of criminal proceedings;

      EXPECTS to receive further information soon on additional measures planned or already taken to comply with the judgments concerning the excessive length of judicial proceedings and on the implementation in practice of the new remedy introduced in June 2004 and,

      DECIDES to resume consideration of the outstanding individual measures and the general measures in these cases, in one year at the latest.

    Appendix I to Interim Resolution ResDH(2007)28

    Information provided by the Government of Poland
    during the examination of the cases

    concerning the excessive length of criminal and civil proceedings
    and the right to an effective remedy
    by the Committee of Ministers

      I. Individual measures

    In the majority of these cases, the domestic proceedings impugned by the European Court in its judgments have ended. Concerning the rest of the cases, the competent authorities have taken measures to accelerate the proceedings still pending (i.e. the cases were placed under the administrative supervision of the president of the court and of the Ministry of Justice; the president of the competent court was urged by the Ministry of Justice to give priority to the applicants’ cases, etc.).

      II. General measures

    A) Measures taken to reduce the length of criminal and civil proceedings

    1. Legislative measures as regards the length of criminal proceedings

    Measures introduced by the Code of Criminal Procedure of 1997

    The Code of Criminal Procedure of 6 June 1997, which entered into force on 1 September 1998, has introduced the possibility under some conditions of conducting a hearing without the presence of a defendant if she or he refuses to participate in the trial or does not provide justification for her or his absence (Art.376 and 377). The opportunity to conduct a hearing without the presence of a defendant will considerably accelerate criminal proceedings, especially in cases brought against several co-defendants.

    Measures introduced by the amendments to the 1997 Code of Criminal Procedure

    The main purpose of the amendments to the Code which came into effect on 1 July 2003 was to introduce procedural mechanisms to speed up proceedings in criminal cases. The most important provide the following:

    - preparatory proceedings and those concerning several co-defendants have been simplified by extending the range of offences liable to inquiry and not to investigation, which is more formal, and assigning the majority of investigations to the police instead of prosecutors (Art.325 b and 311§1);

    - the possibilities of closing criminal proceedings by way of settlement have been extended (Art. 335, 343 and 387);

    - first-instance courts may use at the trial stage evidence, such as testimonies, defendants’ explanations or expert opinions collected during the preliminary investigation without the further hearing a witness, a defendant, an expert or other person, by reading aloud the relevant protocols, reports or other documents (Art. 377§4 and Art. 389, 391-394);

    - the possibility of the remote hearing of witnesses by means of video conferences with the use of appropriate technical equipment (Art. 177§1 a);

    - the court shall dismiss motions on evidence aimed at “obvious prolongation of the trial” (Art. 170§1 point 5);

    - summonses may be served by fax or electronic mail (Art. 132§3);

    - it is no longer necessary to re-hear a particular trial from the very beginning because the term of 35 days between subsequent hearings has been exceeded, if the parties so agree (Art. 404§2);

    - when essential deficiencies in the pre-trial proceedings become apparent only at the hearing, courts may no longer refer the case back to the pre-trial proceedings stage for further inquiry to be carried out (Art. 397);

    - special proceedings allowing prompt examination of a criminal case – the so-called “summary proceedings” and proceedings under writ of payment (decree proceedings) - were excluded from unnecessarily strict rules – see Art. 500 §§ 2 and 4 (e.g. concerning the summary proceedings the catalogue of cases considered under a simplified procedure now covers all cases in which an inquiry was carried out – see Art. 469);

    - delays in criminal proceedings concerning several co-defendants due to the time taken to draft the reasons for the first-instance judgment will be reduced, as at present it is possible to draw up and to serve the reasons of the judgment only in respect of those of the co-defendants who requested it (Art. 423 §1a).

    2. Legislative measures as regards the length of civil proceedings

    Measures introduced by the amendments to the Code of Civil Procedure

    The most important provisions of the recent amendments to the Code (of 21 August 1997, 22 December 2004 and 28 July 2005) provide the following:

    - law clerks (referendarze sądowi) are now allowed to perform certain acts in proceedings such as: making entries in the land and mortgage registers, establishing of a land register, registration of proceedings, issuing payment writs (nakazy zapłaty) in accelerated proceedings (postępowanie upominawcze) and examining applications for exemption from court fees;

    - the institution of mediation has been established. Any civil case which can be examined in civil proceedings may be subject to mediation, which may end in a friendly settlement. Such a friendly settlement, if confirmed by a court, is tantamount to a friendly settlement concluded before the court. The costs of mediation are relatively low in comparison with the costs of court proceedings, which should be an additional incentive to use mediation;

    - new regulations concerning arbitration (sądownictwo polubowne) have been introduced.

    Measures introduced by the Act of 28 July 2005 on Court Fees:

    Following the entry into force of this Act, other mechanisms to accelerate civil proceedings have been introduced: for instance, certain decisions concerning court fees may no longer be subject to appeal.

    3. Administrative and structural measures concerning civil and criminal proceedings

    Increase of the capacity of the judiciary (judges and staff)

    Having been faced since 1989 with an increase of about 275 % in cases lodged with Polish courts, the government is aware of the need to increase the number of posts for judges and court administrative staff. The scale of this effort is illustrated by the increase of the number of judges from 7000 in 1989 to nearly 8000 in 2000. In 2002 courts were granted additional full-time posts for 230 judges, 50 assessors and 350 assistants.

    Moreover, the post of judges’ associate and that of law clerk were introduced in Poland in 2001 by the Law on the organisation of common courts, with the aim of reducing the work of judges with respect to various administrative tasks which did not require their examination.

    The table below shows the levels of employment in the courts in 2003-2006:

Reporting period

judges

assessors

judges’ associates

law clerks

assistants

2003

8 268

1 276

198

785

21 329

2004

8 232

1 595

498

985

22 255

2005

8 227

1 688

850

1 185

23 412

2006 (as foreseen in the budget for 2006)

+ 80 new posts

+ 800 new posts

+ 250 new posts

+ 1020 new posts

    Organisation and management

    As of 1 May 2005 the Warsaw courts were divided into two regional courts. Each regional court was divided into district courts. Consequently, in 2005 there was an improvement in the efficiency of the Warsaw courts in proceedings concerning social insurance cases.

    Moreover, the Minister of Justice set up a special unit within his ministry. This unit has been entrusted with the task of assessing the work-load of judges and other court staff as well as with human resources management in common jurisdictions (and in particular their allocation and efficient use in courts). It has drawn up a method, based on objective criteria, of assigning posts for assistants and court clerks, and is currently working on an instrument allowing the assessment of the efficiency of judges’ work, on the basis of the so-called pensum, that is the average number of cases concluded by judges in Poland. This method will be used to ensure a better allocation of posts, in particular by reshuffling posts from one court to another one.

    Supervisory activities

    The Ministry of Justice is also involved in analysing the causes of delays in judicial proceedings within the framework of its competence in the administrative supervision of courts’ work. The Department of Common Courts within the Ministry of Justice is coordinating other initiatives in this field, such as inspecting courts where the average length of proceedings gives rise to concerns. The question of supervision has been included in the supervisory work of presidents of courts as a permanent task. In particular, presidents have been invited to:

      - ask judges heading divisions to perform direct supervision, mainly for the purpose of fixing hearings as a priority in the so-called “old cases”;
      - organise meetings to sum up their results and identify any reasons for delays; and
      - undertake measures to request court experts to submit reports on time and to discipline the parties in the proceedings.

    In 2003 the presidents of the Regional Courts were invited by the Ministry of Justice to examine the reasons for delays in all cases waiting for adjudication longer than 3 years. In addition, permanent monitoring of all proceedings lasting over five years is being carried out.

    Moreover, the Minister of Justice recommended that the presidents of courts intensify their supervision of the assignment of court experts and discipline or discharge them if they do not perform their duties properly. The Minister of Justice further advised the presidents of courts to examine the legitimacy of decisions to stay proceedings and to assess the actions of heads of court sections in relation to stayed proceedings. In particular the presidents of courts have been called upon to supervise these proceedings, in which the European Court of Human Rights found a violation of Article 6§1 of the Convention or the domestic court allowed a complaint based upon the 2004 Act (see below).

    Budget

    The budgetary Act for 2002 allocated the amount of PLN 2 560 317 000 to expenditure of the common courts, which was 15.41% more than the budget for the judiciary in 2001. Between 2003 and 2006 a constant yearly growth of the courts’ budget was registered: by 24.89% in 2003, by 10% in 2004, by 12% in 2005. In 2006 this budget amounted to PLN 4 638 462 000, an increase by 8 % in comparison with the expenses for common courts incurred in 2005 and by 45% in comparison with such expenses in 2002.

    It should be noted that the budget of common courts was set up in accordance with the principles contained in the revised Act on Public Finance which entered into effect on 1 January 2002. Budgets became autonomous in such a way that the Minister of Finance does not have the authority to introduce any changes to the proposal submitted by the Minister of Justice – he simply includes the budget of common courts in the Government’s draft of the budgetary act which is submitted to Parliament.

    Court premises

    The Ministry of Justice carries out numerous activities to improve office conditions, especially as regards courts in Warsaw, which operate in exceptionally difficult conditions. A new building was acquired, which will house the Warsaw-Praga District Court. Premises for another district court in Warsaw are also being sought.

    Computerisation

    Finally, IT projects, aimed at providing computerised support to courts and Public Prosecutor’s Offices to ensure access to different data bases have been developed in order to:

    - lodge e-pleadings;
    - have remote access to information on proceedings, without having to appear in court in persona;
    - replace traditional methods of recording with new digital techniques;
    - show the evidence by using multimedia;
    - use video conferences to enable a witness or an expert to be heard at a distance;
    - provide an electronic exchange of documents between the internal units of the justice system and persons outside;
    - keep evidence on electronic file; and
    - archive documents on proceedings in electronic files.

    The main objectives of the IT programme are the following:

    - computerising sections’ secretariats (case-flow register, correspondence with participants in proceedings, access to public information etc.) and assisting the judges, law clerks and judges’ associates in dispensing justice;
    - computerising courtrooms (recording of the hearings by using new digital techniques, e-docket);
    - introducing management and logistics resources (efficient use of resources and working time, scheduling of hearings for a whole court building; improving the organisation of court ushers);
    - electronic exchange of documents, e-claim, electronic access to information gathered and kept by court units (on-line access to courts’ case-files and courts’ registers).

    4. Statistical data

    Cases pending before all courts

    The table below shows a steady increase of both new and completed cases brought before Polish civil and criminal courts between 2002 and 2006.

reporting period

backlog

new
cases

completed cases

backlog (cases pending at the end of the reporting period)

2002

2 245 000

8 696 913

8 704 897

2 278 665

2003

2 278 665

9 521 329

9 679 823

2 122 222

2004

2 122 222

9 728 822

10 116 016

1 747 897

2005

1 747 897

9 581 613

9 834 086

1 496 229

2006

nearly 1 500 000

10 114 122

9 918 101

nearly 1 700 000

    The table shows all cases brought in the Polish courts in the period from 2002 to 2006. In each reporting period the number of new cases was higher than that in the previous period (except in 2005). It should be noted that for the last 10 years there has been a considerable increase of new cases and this upward trend still continues. Nearly 4.9 million cases were brought to courts in 1995; in 2005 the new cases amounted to 9,5 million and in 2006 to 10,1 million. However, in each reporting period (except in 2006) the number of completed cases exceeded the number of new ones, which contributed to the reduction of the remaining backlog. Consequently, the total number of proceedings is declining and court efficiency is improving.

    Cases pending before civil and labour courts

    The table below shows the number of new and completed cases in a given branch of law between 2002 and 2006.

Type of cases

2002
new cases/
completed cases

2003
new cases/
completed cases

2004
new cases/
completed cases

2005
new cases/
completed cases

2006
new cases/
completed cases

civil cases

2 162 594

2 476 251

2 478 745

2 432 639

2 337 382

2 079 218

2 452 344

2 620 476

2 465 799

2 264 092

commercial cases

1 057 938

1 048 681

1 016 690

944 329

952 359

1 063 636

1 078 828

1 099 957

980 653

931 877

labour law cases

332 908

401 122

326 056

255 767

222 981

325 338

374 001

339 000

296 000

227 847

social insurance cases

302 008

285 501

296 810

212 151

269 158

337 059

303 059

308 000

268 000

241 491

family law cases

944 500

981 440

988 649

1 077 219

1 123 860

994 000

981 998

1 009 000

1 062 000

1 115 313

land register cases

2 035 000

2 301 000

2 494 000

2 439 000

2 637 036

2 167 000

2 417 000

2 545 000

2 473 000

2 603 568

    The above data show a decrease in the number of cases relating to labour law and social insurance as well as in commercial cases and land register cases. There has been a steady increase in the number of family law cases, criminal and civil cases.

    As regards labour law cases, the average length of proceedings before first-instance courts was 3.4 months in the first half of 2005 and 2.7 months in the first half of 2006 before district courts. When such cases were examined by regional courts as first-instance courts, their average length amounted to 6.4 months in the first half of 2005 and 8.7 months in the second half of 2006. Thus there has been an increase in the length of proceedings. As regards the proceedings before regional courts as second-instance jurisdictions, the average length amounted respectively to 3.8 and 2.6 months, which shows an improvement.

    Moreover, it should be noted that 2005 was the year in which the greatest number of such cases was brought before the Warsaw district courts: 20 384 new cases, which constituted an increase of more than 40%. Simultaneously, these courts concluded the greatest number of such cases: 26 309 cases were closed and thus a backlog amounting to 6 375 cases was reduced. The number of labour law cases examined in the second instance by the Warsaw Regional Court declined by more than 56%.

    Cases pending before criminal courts:

    The table below shows the number of cases which were brought to courts in a given reporting period and the number of completed cases.

Reporting period

2002

2003

2004

2005

2006

criminal cases:
new cases/completed cases

1 861 966

2 027 000

2 126 327

2 218 272

2 571 347

1 788 189

2 071 237

2 185 995

2 279 961

2 533 913

    The improvement of criminal courts’ efficiency was triggered by the overhaul of the Polish criminal procedure (see above).

    5. Publication and dissemination

    The European Court's judgments in the majority of these cases have been translated into Polish and published on the Internet site of the Ministry of Justice www.ms.gov.pl. They have been sent out to the courts directly concerned. The competent authorities’ attention has been drawn in particular to the Convention’s requirement of special diligence in handling some cases (e.g. cases relating to civil status, employment law, cases concerning compensation for medical malpractice, wrongful conviction etc), having regard to the particular importance of the proceedings for the applicants concerned.

    B) Legislative measures to introduce an effective domestic remedy in cases of excessive length of judicial proceedings

    New Polish legislation was introduced in June 2004 in response to the European Court of Human Right’s Grand Chamber judgment in the case Kudła aginst Poland (judgment of 26/10/2000), in which the Court notably held that the lack of an effective remedy for a breach of the right to a hearing within a reasonable time was in violation of Article 13.

    On 17 June 2004, the Polish Parliament adopted a Law on complaints about a breach of the right to a trial within a reasonable time (the 2004 Act) and a Law on Amendments to the Civil Code Concerning the Civil Liability of the State Treasury for Actions or Omissions of Public Authorities. They have been published in the Official journal, No. 179 and No. 162 of 2004 and entered into force respectively on 17 September 2004 and 1 September 2004.

    1. A remedy aimed at accelerating proceedings and awarding compensation to the applicants

    The 2004 Act allows parties to court proceedings to file a complaint concerning the length of their proceedings while those proceedings are still pending. The competent appellate court may find that there have been undue delays in the proceedings and recommend to the lower court to take measures to accelerate the proceedings. The appellate court can also award the complainant compensation of up to PLN 10,000 (approximately 2,550 euros). Additional compensation for damages can be sought in separate proceedings before the civil courts according to the general regime regulating the liability of the state for damages caused by an unlawful action or omission of public authorities (Article 417 et seq. of the Civil Code). The remedy introduced by the amendments to the Civil Code is also open to persons involved in proceedings which have been terminated.

    2. Retroactivity of the new remedy

    The new remedy introduced by the new legislation of June 2004 is also available to individuals who lodged applications with the European Court of Human Rights while their domestic proceedings were still pending even if the proceedings have subsequently been terminated, provided their applications have not yet been declared admissible by the Court (Article 18 of the 2004 Act). They had until 17 March 2005 to apply to the Polish courts.

    3. First implementation results of the new remedy

    Since the entry into force of the 2004 Act and until 31 December 2004, 2 528 complaints concerning excessive length of judicial proceedings have been filed before domestic courts. More than 80% of the complaints concerned civil cases. In 290 cases the competent courts found that there have been undue delays in the impugned proceedings. Compensation has been awarded in 165 of theses cases amounting to PLN 2 406 on average.

    In 2005, the courts examined 4 921 complaints of that kind: 1 607 were dismissed (33%); 2 313 (47%) were declared inadmissible and 1001 (20 %) were allowed. In the first half of 2006 these figures stood at respectively: 1 879 579 (37 %); 835 (44%) and 361 (19%), in half of these cases just satisfaction was awarded).

    Proceedings in which the court allowed the complaint are subject to supervision by the president of that court. In particular, the president of the court supervises whether the recommendations given by the court examining the complaint have been implemented. Should the court find that the judge caused the excessive length of proceedings, disciplinary proceedings may be instituted against him/her.

    4. Positive assessment of the new remedy by the European Court

    Finally, it should be noted that in March 2005 the European Court examined this remedy for the purposes of Article 35, paragraph 1, of the Convention and found it effective in respect of complaints about the excessive length of judicial proceedings in Poland. In particular, it considered that it was capable both of preventing the alleged violation of the right to a hearing within a reasonable time, and of providing adequate redress for any violation that has already occurred (see decisions in Michalak against Poland, Application No. 24549/03, §§ 37-43 and Charzyński against Poland, Application No. 15212/03, §§ 36-42). The European Court also considered that from 17 September 2004, the date on which the 2004 Act entered into force, action for damages under Article 417 of the Civil Code had attained a sufficient level of certainty to become an “effective remedy” within the meaning of Article 13 of the Convention (see decision in Krasuski against Poland, Application No. 61444/00, §74).

    5. Other measures

    The Polish government noted with interest the European Court’s judgment delivered in the case of Scordino against Italy ( 29 March 2006), and in particular the rules for the assessment of non-pecuniary damage as a consequence of the length of proceedings (§§ 267-271 of the Scordino judgment). Bearing in mind that the problems indicated in the Scordino judgment might also become relevant in the near future with respect to the 2004 Act, the Polish gdecided to take the following steps in order to improve the domestic practice and consider possible amendments to the national legislation:

    - the judgment was translated into Polish and sent out, together with an evaluation of the 2004 Act, to all institutions responsible for the administration of justice as well as to domestic courts. The translation of the judgment is also available on the website of the Ministry of Justice (http://www.ms.gov.pl/re/re_wyroki.shtml);

    - considerable attention was paid to the issue of implementing the 2004 Act in the course of drafting the governmental “Plan of Action with regard to execution of the ECHR judgments”. This document is being prepared by the representatives of the ministries involved in the execution of the European Court’s judgments in Polish cases;

    - the implementation of the 2004 Act by courts has been continuously discussed in the course of training organised for judges and prosecutors. On 4 September 2006 the National Training Centre for Judges and Prosecutors was inaugurated (cf. http://www.kcskspip.gov.pl). Issues concerning the implementation of the 2004 Act will be included in the curriculum of the training organised by the Centre.

      III. Conclusion

    The Polish government believes that the measures set out above demonstrate its determination and the sustained efforts that it has already made with a view to improving the efficiency of the judicial system and to set up an effective domestic remedy against the excessive length of judicial proceedings. The Polish authorities will continue to take all necessary measures to that effect and will keep the Committee of Ministers informed of all new developments, and in particular of the practical implications of the measures adopted.

    * * *

    Appendix II to Interim Resolution ResDH(2007)28

    - 132 cases before civil courts

Cases

Adamscy, judgment of 27/07/04

Majewski and others, judgment of 08/11/05

Badowski, judgment of 08/11/05

Majewski, judgment of 11/10/05

Barszcz, judgment of 30/05/06

Majkrzyk, judgment of 06/05/03

Bednarska, judgment of 15/07/04

Małasiewicz, judgment of 14/10/03

Bejer, judgment of 04/10/01

Majewski, judgment of 11/10/05

Biały, judgment of 27/07/04

Majkrzyk, judgment of 06/05/03

Biskupska, judgment of 22/07/03

Malinowska Henryka, judgment of 14/10/03

Bukowski, judgment of 11/02/03

Malinowska, judgment of 14/12/00

C., judgment of 03/05/01

Malinowska-Biedrzycka, judgment of 05/10/04

Cegielski, judgment of 21/10/03

Maliszewski, judgment of 06/05/03

Chyb, judgment of 12/07/06

Małasiewicz, judgment of 14/10/03

Ciborek, judgment of 04/11/03

Marszał, judgment of 14/09/04

Czech, judgment of 15/11/05

Mączyński, judgment of 15/01/02

D.M., judgment of 14/10/03

Mejer and Jałoszyńska, judgment of 19/10/04

Dańczak, judgment of 21/12/04

Młynarczyk, judgment of 14/12/04

Dojs, judgment of 02/11/04

Nierojewska, judgment of 22/08/06

Domańska, judgment of 25/05/04

Nowak, judgment of 05/10/04

Dudek, judgment of 05/10/04

Orzeł, judgment of 25/03/03

Durasik, judgment of 28/09/04

Pachnik, judgment of 30/03/04

Dybo, judgment of 14/10/03

Palka, judgment of 11/10/05

Falęcka, judgment of 05/10/04

Parciński, judgment of 18/03/01

Fojcik, judgment of 21/09/04

Paśnicki, judgment of 06/05/03

Gęsiarz, judgment of 18/05/04

Peryt, judgment of 02/12/03

Gibas, Interim Resolution DH(97)242

Piechota, judgment of 05/11/02

Gidel, judgment of 14/10/03

Pieniążek Irena, judgment of 28/09/04

Goc, judgment of 16/04/02

Piłka Andrzej and Barbara, judgment of 06/05/03

Góra, judgment of 27/04/04

Podbielski, judgment of 30/10/98

Górska, judgment of 03/06/03

Pogorzelec, judgment of 17/07/01

Grela, judgment of 13/01/04

Politikin, judgment of 27/04/04

Gronuś, judgment of 28/05/02

Porembska, judgment of 14/10/03

Gryziecka and Gryziecki, judgment of 06/05/03

Przygodzki, judgment of 05/10/04

Guzicka, judgment of 13/07/04

R.O., judgment of 25/03/03

Hajnrich, judgment of 25/05/04

R.P.D., judgment of 19/10/04

Hulewicz, judgment of 30/03/04

R.W., judgment of 15/07/03

I.P., judgment of 14/10/03

Ratajczyk, judgment of 18/07/06

Cases

Iżykowska, judgment of 28/09/04

Rawa, judgment of 14/01/03

Jablonska, judgment of 09/03/04

Romanow, judgment of 21/09/04

Janas, judgment of 21/09/04

Rychliccy, judgment of 18/05/04

Janik, judgment of 27/04/04

Sawicka, judgment of 01/10/02

Jastrzębska, judgment of 28/09/04

Sibilski, judgment of 04/10/05

Jedamski, judgment of 26/07/01

Sienkiewicz, judgment of 30/09/03

Kaczmarczyk, judgment of 24/01/06

Sikora, judgment of 05/10/04

Kaszubski, judgment of 24/02/04

Sikorski, judgment of 09/11/04

Koblański, judgment of 28/09/04

Sitarek, judgment of 15/07/03

Kolasiński, judgment of 01/02/05

Sitarski, judgment of 08/08/06

Koral, judgment of 05/11/02

Sobański, judgment of 21/01/03

Korbel, judgment of 21/09/04

Sobczyk, judgment of 26/10/00

Kranc, judgment of 31/01/06

Sobierajska-Nierzwicka, judgment of 27/05/03

Kranz, judgment of 17/02/04

Styranowski, judgment of 30/10/98

Kreuz No. 2, judgment of 20/07/04

Surman-Januszewska, judgment of 27/04/04

Kreuz No 3, judgment of 24/01/06

Szarapo, judgment of 23/05/02

Kroenitz, judgment of 25/02/03

Szczeciński, judgment of 11/10/05

Król, judgment of 28/09/04

Uthke, judgment of 18/06/02

Kruk, judgment of 05/10/04

W.M., judgment of 14/01/03

Krzak, judgment of 06/04/04

W.Z., judgment of 24/10/02

Krzewicki, judgment of 27/04/04

Wasilewski, judgment of 21/12/00

Kubiszyn, judgment of 30/01/03

Wiatrzyk, judgment of 26/10/04

Kusiak, judgment of 21/09/04

Wierciszewska, judgment of 25/11/03

Kuśmierek, judgment of 21/09/04

Wojnowicz, judgment of 21/09/00

Kuśmierkowski, judgment of 05/10/04

Wojtkiewicz, judgment of 21/12/04

Ł., judgment of 27/07/04

Wylęgły J. and J., judgment of 03/06/03

Leszczyńska, judgment of 22/06/04

Wyszczelski, judgment of 29/11/05

Lipowicz, judgment of 19/10/04

Zarjewska, judgment of 21/12/04

Lisławska, judgment of 13/07/04

Zaśkiewicz, judgment of 30/11/04

Lizut-Skwarek, judgment of 05/10/04

Zawadzki, judgment of 20/12/01

Łobarzewski, judgment of 25/11/03

Zmaliński, judgment of 22/03/05

Majchrzak, judgment of 22/08/06

Zynger, judgment of 13/07/04

Majewski and others, judgment of 08/11/05

Zys-Kowalski, judgment of 28/09/04

    - 11 before criminal courts

Cases

Kudła, judgment of 26/10/00 - Grand Chamber

Lisiak, judgment of 05/11/02

A.W., judgment of 24/06/2004

Panek, judgment of 08/01/04

B.R., judgment of 16/09/03

Skawińska, judgment of 16/09/03

Bogacz, judgment of 09/05/2006

Wojda, judgment of 08/11/2005

Bzdyra, judgment of 15/11/2005

Wróbel, judgment of 20/07/2004

Dzierżanowski, judgment of 27/06/2006

 

1 This case also appears in Section 3.a

2 This case also appears in Section 3.a

3 This case also appears in Section 3.a

4 This case also appears in Section 3.a

5 This case also appears in Section 3.a

6 This case also appears in Section 3.a

7 This case also appears in Section 3.a

8 This case also appears in Section 3.a

9 This case also appears in Section 3.a

10 This case also appears in Section 3.a

11 This case also appears in Section 3.a

12 This case also appears in Section 3.a

13 This case also appears in Section 3.a

14 This case also appears in Section 3.a

15 This case also appears in Section 3.a

16 This case also appears in Section 3.a

17 This case also appears in Section 3.a

18 This case also appears in Section 3.b

19 This case also appears in Section 3.a

20 This case also appears in Section 3.a

21 This case also appears in Section 3.a

22 This case also appears in Section 3.a

23 This case also appears in Section 3.a

24 This case also appears in Section 3.a

25 This case also appears in Section 3.a

26 This case also appears in Section 3.a

27 This case also appears in Section 3.a

28 This case also appears in Section 3.a

29 This case also appears in Section 3.a

30 This case also appears in Section 3.a

31 This case also appears in Section 3.a

32 This case also appears in Section 3.a

33 This case also appears in Section 3.a

34 Adopted by the Committee of Ministers on 4 April 2007 at the 992nd meeting of the Ministers’ Deputies



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