CYIL 2012
THE CZECH REPUBLIC AND THE EUROPEAN COURT OF HUMAN RIGHTS IN 2011 that were struck out and five fell into the category “other judgments”). 6 The high variability in the numbers of judgments is closely connected to the subject matter of cases, which is going to be introduced in the next section. Table 2: Development of number of violations of rights (2002 – 2011) 7
Violations by rights / Year Right to liberty and security
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Total
0
0
0
3
1
3
5
2
6
1
21
2 0
1 4
3
10
8
1 3
12
1 0
3 1
13 54
Right to a fair trial
26 15 27
0
2
78
Length of proceedings
Right to respect for private and family life
0
0
0
0
5
6
1
0
1
2
15
0
0
0
0
1
0
0
0
0
0
1
Freedom of expression
Freedom of assembly and association Right to an effective remedy
0
0
0
0
1
0
0
0
0
0
1
0
1
3
4
4
0
0
0
1
1
14
2
0
0
0
2
0
2
1
2
0
9
Protection of property
Prohibition of discrimination
1
0
0
0
0
1
0
0
0
0
2
5
6
32 32 49 14 20
4
14 19 195
Total
Source: authors based on Annual Reports of the ECtHR. The aforementioned high variability in numbers of judgments per year closely depends on the rise of violations of one particular right in a given year (see Table 2). For instance, from the years 2004 to 2006, in total, 68 violations of the right to a reasonable length of proceedings were declared. Similarly, there can be examples of years when the ECtHR found more than ten violations of a right to a fair trial in the Czech Republic. Otherwise, numbers of violations of specific rights in a given year are kept in single digit numbers. It might be worth looking at the structure of the violated rights – the Czech Republic in a clear majority of cases violates the fair trial rights (rights to a fair trial, to a reasonable length of proceedings and to an effective remedy). Though surely a very unpleasant nuisance in individual cases, the fair trial related rights are not among those “hard core” fundamental rights such as a right to life or an absolute ban on torture. The Strasbourg Court also issues judgments relatively frequently against the Czech Republic concerning a right to liberty and security and a right to respect for private and family life. Violations of other rights have only been declared less than ten times in a given year in the last decade. 6 Just satisfaction, revision, preliminary objections and lack of jurisdiction. 7 The number of violations of rights per year can be higher than the number of judgments in a given year, because one judgment can declare violations of multiple rights.
281
Made with FlippingBook - Online Brochure Maker