(Application no. 27701/02)
21 December 2006
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Zidov v. Slovenia,
The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
Mr C. Bîrsan,
Mr B.M. Zupančič,
Mr V. Zagrebelsky,
Mrs A. Gyulumyan,
Mr David Thór Björgvinsson,
Mrs I. Ziemele,
Mrs I. Berro-Lefèvre, judges,
and Mr V. Berger, Section Registrar,
Having deliberated in private on 30 November 2006,
Delivers the following judgment, which was adopted on that date:
On 15 November 2001 the judge to whom the case had been assigned was promoted and the case was subsequently assigned to a new judge.
Between 29 June 2000 and 20 April 2005 the applicant lodged five preliminary written submissions.
Between 16 June 1999 and 26 April 2002 he made five requests that a date be set for a hearing.
Of at least five hearings held between 14 May 2001 and 21 September 2005 none was adjourned at the request of the applicant.
During the proceedings the court appointed two medical experts.
At the last hearing the court decided to deliver a written judgment. The judgment of 21 September 2005, rejecting the applicant's claim, was served on the applicant on an unspecified date.
The proceedings are pending on the appeal.
I. ALLEGED VIOLATION OF ARTICLES 6 § 1 AND 13 OF THE CONVENTION
“In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
1. Article 6 § 1
There has accordingly been a breach of Article 6 § 1.
2. Article 13
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 5,600 (five thousand six hundred euros) in respect of non-pecuniary damage and EUR 1,000 (one thousand euros) in respect of costs and expenses, plus any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 21 December 2006, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Berger Corneliu Bîrsan