2009 Annual report on the execution of judgments of the European Court of Human Rights
Strasbourg, 14.04.2010 - The Committee of Ministers of the Council of Europe has issued today its third annual report on the supervision of the execution of judgments of the European Court of Human Rights.
In 2009 1515 new judgments finding violations of the European Convention on Human Rights were brought before the Committee of Ministers for supervision of their execution, thus bringing the number of cases under supervision to 7 881. The compensation awarded to the victims in the new judgments 2009 amounted to some 54 million Euros.
The report contains detailed statistics highlighting the main tendencies of the evolution of the execution process in 2009 (including by state) and a thematic overview of the most important developments in the execution of the pending cases.
The report notes moreover the adoption of the new Recommendation (2010)3 on effective remedies for excessive length of proceedings, both by accelerating pending proceedings and by compensating victims for the prejudice suffered because of the delay in the administration of justice.
The report also referred to the ECtHR decision on the case of A1+, Meltex Ltd. Below is the extract concerning the company
Broadcasting Rights
89. ARM / Meltex Ltd and Mesrop Movsesyan
Unlawful interference with the applicant's right to freedom of expression on account of the refusal by the National Television and Radio Commission (NTRC), on seven occasions in 2002 and 2003,to deliver the applicant a broadcasting licence in the context of different tender calls.
The refusalswere not required by law to be motivated and the system did thus not provide adequate uaranteesagainst arbitrariness (violation of Art. 10).
The ECtHR awarded the applicantcompany just satisfaction in respect of non-pecuniary damage.The Armenian authorities stated that individual measures in this case are tightly linked to the issue of general measures (see below). A new call for tender would not satisfy the requirements of the ECtHR's case-law if the law on radio and television was not first modified.
In the meantime, the applicants company informed the CM that following the ECtHR's judgment ithad requested the reopening of the judicial proceedings
it had brought in vain against the NTRC's decisions at issue (the courts had found in these proceedings that the NTRC's actions had fully complied with the law). The CM was subsequently informed that the two requests lodged had been dismissed
in February 2009 by the Court of Cassation.
In September 2009 the Armenian authorities informed the CM that a new call for tenders will take place in July 2010, at which the applicant will be
given the possibility to participate.
The CM has invited the authorities to keep it informed of progress made in preparing the call for tenders as well as of any interim measure that they may envisage in favour of the applicant company. It has also invited the authorities to provide full information on the remedies pursued by the applicant before the competent national judicial authorities.
GM The Law on Television and Radio Broadcasting has been subject to several amendments since the facts of the case. According to the new amendments as of 28/04/2009, the National Television and Radio Commission shall give full reasons
for its decisions to award, reject or revoke a broadcasting licence and ensure the transparency and accessibility of its decisions.
The judgment has been translated and published in relevant official publications, on the official websites of the judiciary and of the Ministry of Justice.
The translated text of the judgment has also been sent to the National Television and Radio Commission and to the Court of Cassation.
Source: The Armenian News by A1+
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