(Application no. 42246/02)
6 July 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 Sehur v. Slovenia,
The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
Mr J. Hedigan, President,
Mr B.M. Zupančič,
Mr L. Caflisch,
Mr V. Zagrebelsky,
Mr E. Myjer,
Mr David Thór Björgvinsson,
Mrs I. Ziemele, judges,
and Mr V. Berger, Section Registrar,
Having deliberated in private on 15 June 2006,
Delivers the following judgment, which was adopted on that date:
Between 17 July 1998 and 17 October 2002 the applicants lodged ten preliminary written submissions and/or adduced evidence.
Between 4 March 1999 and 3 October 2001 they made four requests that a date be set for a hearing.
Of the six hearings held between 5 June 2001 and 12 November 2002 none was adjourned at the request of the applicant.
During the proceedings the court appointed an expert in electrical engineering. The court also sought an additional opinion from the appointed expert.
At the last hearing the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 21 January 2003.
On 3 September 2004 the first-instance court issued a supplementary judgment. The judgment was served on the applicants on 15 September 2004.
On 16 March 2006 the court allowed all the appeals in part.
The judgment was served on the applicant on 13 April 2006.
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
(a) that the respondent State is to pay, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention
i. each of the applicants EUR 4,800 (four thousand eight hundred euros) in respect of non-pecuniary damage,
ii. the applicants jointly EUR 1,000 (one thousand euros) in respect of costs and expenses,
iii. 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 6 July 2006, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Berger John Hedigan