European Court of Human Rights

Resolution CM/ResDH(2011)129¹

Execution of the judgment of the European Court of Human Rights

Zarb Adami against Malta

(Application No. 17209/02, judgment of 20 June 2006, final on 20 September 2006)

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

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

Recalling that the violation of the Convention found by the Court in this case concerns sexual discrimination against the applicant in 1997, due to the practice of enrolling many more men than women on the jurors’ list although the law in force neither provided nor justified such difference of treatment (violation of Article 14 in conjunction with Article 4 §3 (d)) (see details in Appendix);

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

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

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

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures, preventing similar violations;

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

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2011)129

Information on the measures taken to comply with the judgment in the case of

Zarb Adami against Malta

Introductory case summary

This case concerns the fact that the applicant, who in 1997 was called to serve as a juror for the third time, was subject to discrimination on account of the practice of enrolling far more men than women on the jurors’ list even though the law in force at the material time (Article 603(1) of the Maltese Criminal Code) made no distinction between sexes, both men and women being equally eligible for jury service. The European Court held that the government had not provided an adequate explanation to justify this difference of treatment (violation of Article 14 in conjunction with Article 4§3(d)).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The applicant was exempted from jury service in April 2005 under Article 604(1) of the Maltese Criminal Code. The European Court held that the finding of a violation in itself constituted sufficient just satisfaction for any non-pecuniary damage sustained.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The European Court noted in its judgment that in 1997 the number of men (7503) enrolled on the list of jurors was three times that of women (2494) (§77) but that since 1997 an administrative process had been set in motion to bring the number of women registered as jurors in line with that of men. As a result, in 2004, 6344 women and 10 195 men were enrolled on the list of jurors (§79).

The Maltese authorities provided an update on the progress of the administrative measure, which has enlarged the pool of persons from which jurors can be selected with a more balanced representation between the sexes. The figures represented demonstrate that there has been a steady increase in the number of women sitting on juries.

All judgments of the European Court against Malta are automatically sent out to competent authorities and are publicly available via the website of the Ministry of Justice and Home affairs which provides a direct link to the European Court’s website (http://www.mjha.gov.mt/ ).

III. Conclusions of the respondent state

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