European Court of Human Rights

 

THIRD SECTION

CASE OF KOŠŤÁL AND OTHERS v. SLOVAKIA

(Applications nos. 2294/17 and 48691/17)

 

 

 

 

 

 

JUDGMENT
(Revision)

 

 

 

STRASBOURG

3 December 2019

 

This judgment is final but it may be subject to editorial revision.

In the case of Košťál and Others v. Slovakia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

          Dmitry Dedov, President,
          Alena Poláčková,
          Gilberto Felici, judges,
and Stephen Phillips, Section Registrar,

Having deliberated in private on 5 March 2019,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in two applications (nos. 2294/17 and 48691/17) against the Slovak Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Mr Pavol Polák (“the applicant”) and forty-six other applicants on 28 December 2016 and 29 June 2017, respectively.

2.  In a judgment delivered on 5 March 2019 the Court decided to join the applications, declared their relevant part admissible, and held that there had been a violation of Article 1 of Protocol No. 1. At the same time, it made an award under Article 41 of the Convention. Of that award, 25,800 euros (EUR), plus any tax that might be chargeable in respect of that amount, were adjudicated to the applicant Mr Polák, covering all heads of damage.

3.  On 28 March 2019 the applicants’ representative informed the Court that the applicant Mr Polák had died on 21 January 2019. He accordingly requested revision of the judgment within the meaning of Rule 80 of the Rules of Court.

4.  On 18 June 2019 the Court examined the request and decided to give the Government until 16 September 2019 to submit any observations. Such observations were received on 18 July 2019 and transmitted to the applicants’ representative for information.

THE LAW

THE REQUEST FOR REVISION

5.  The applicants’ representative requested revision of the judgment of 5 March 2019 because the applicant Mr Pavol Polák had died before the judgment had been adopted. He informed the Court that the late applicant had three heirs: a spouse, Ms Annamaria Poláková, and two sons, Mr Martin Polák and Mr Peter Polák. He also submitted that they wished to pursue the application in the late applicant’s stead and filed a certificate of inheritance of 21 March 2019 and a power of attorney authorising him to act before the Court on their behalf.

6.  In reply, the Government stated that they had no objection to the revision.

7.  The relevant part of Rule 80 of the Rules of Court provides:

“1.  A party may, in the event of the discovery of a fact which might by its nature have a decisive influence and which, when a judgment was delivered, was unknown to the Court and could not reasonably have been known to that party, request the Court ... to revise that judgment.”

8.  The Court observes that it has revised its judgment in a similar situation in the past and that in such cases the amounts previously awarded to the deceased applicants were awarded to their heirs (see Baland and Others v. Slovakia [Committee] (revision), no. 51414/11 and 46098/12, §§ 9 and 11, 17 July 2018, with further references). It finds no reasons for reaching a different conclusion in the present case. The relevant parts of the judgment of 5 March 2019 should accordingly be revised as follows.

9.  The amounts originally awarded to the late applicant Mr Pavol Polák are to be awarded jointly to his heirs: Ms Annamaria Poláková, Mr Martin Polák and Mr Peter Polák, namely:

(i)  EUR 25,800, plus any tax that may be chargeable, in respect of pecuniary and non-pecuniary damage,

(ii)  EUR 1,000, plus any tax that may be chargeable to them, in respect of legal costs, and

(iii)  a pro rata portion corresponding to the cost of the individual expert opinion submitted by the late applicant Mr Pavol Polák of the aggregate sum (EUR 9,227) awarded to all the applicants in application no. 48691/17 in the judgment of 5 March 2019 (see paragraph 39 and point 7 (a) (ii) of the operative part of that judgment), plus any tax that may be chargeable to Ms Annamaria Poláková, Mr Martin Polák and Mr Peter Polák.

10.  The rest of the judgment of 5 March 2019 remains unaffected.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1.      Decides to revise the judgment of 5 March 2019 in so far as it concerns the claims made under Article 41 of the Convention by the late applicant Mr Pavol Polák;

and accordingly,

2.      Holds unanimously, that the respondent State is to pay Ms Annamaria Poláková, Mr Martin Polák and Mr Peter Polák jointly, within three months,

(a)   EUR 25,800, plus any tax that may be chargeable, in respect of pecuniary and non-pecuniary damage,

(b)   EUR 1,000, plus any tax that may be chargeable to them, in respect of legal costs, and

(c)   a pro rata portion corresponding to the cost of the individual expert opinion submitted by the late applicant Mr Pavol Polák of the aggregate sum awarded to all the applicants in application no. 48691/17 in the judgment of 5 March 2019, plus any tax that may be chargeable to Ms Annamaria Poláková, Mr Martin Polák and Mr Peter Polák.

Done in English, and notified in writing on 3 December 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Stephen Phillips                                                                     Dmitry Dedov
       Registrar                                                                              President