European Court of Human Rights

Resolution CM/ResDH(2011)241¹

Execution of the judgment of the European Court of Human Rights

Kita against Poland

(Application No. 57659/00, judgment of 08/07/2008, final on 08/10/2008)

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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the right to freedom of expression (violation of article 10) (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 violation by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate, of

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

- 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)241

Information on the measures taken to comply with the judgments in the cases of

Kita against Poland

Introductory case summary

The case concerns a violation of the right to freedom of expression following court decisions delivered in 1999 in summary proceedings based on the Local Elections Act (violation of Article 10).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The applicant was awarded just satisfaction in respect of non-pecuniary damage by the European Court. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

Measures have already been taken to avoid new violations of the same kind as that found in this case, particularly through the amendment to Article 72 of the 1998 Law on Local Elections, which previously allowed domestic courts to impose significant damages. The part of this provision making it possible to order the payment of damages was repealed on 26/07/2002. Moreover, the authorities provided examples of the case-law of certain appeal courts concerning the application of this provision (decisions of the Katowice Court of Appeal of 01/10/1998 in case No I ACz 972/98 and of 07/11/2002 in case No I ACz 1956/02 and the decision of the Białystok Court of Appeal of 10/11/2006 in case No I ACz 872/06) (see also Resolution CMResDH(2011)16 in the case Kwiecień against Poland).

III. Conclusions of the respondent state

The government considers that no individual measure is required apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Poland has thus complied with its obligations under Article 46, paragraph 1, of the Convention.