The Slovenia Times

ECHR Slovenia rulings mostly not about systemic flaws

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The statistical report released by the ECHR last week shows that the court ruled against Slovenia in ten cases last year.

Except in one case, systemic shortcomings in Slovenian legislation from the aspect of the European Convention on Human Rights have not been established, the ministry told the STA in response.

The court did establish insufficient or insufficiently efficient investigation, violation of the right to fair trial and excessively long trial.

It also found conviction for an act that had not been categorised as a criminal act when committed, violation of the right to due compensation, as well as violation of the ban against discrimination and of the right to property.

The ministry said that the court found individual cases of violation, inappropriate application of law in concrete situations and in individual cases.

These need to be looked into on a case-by-case basis, as do individual reasons for each violation, which means the judgement needs to be read before making conclusions.

The ministry and its Judicial Training Centre intend to continue to dedicate special attention to these issues in the future.

The ministry also noted legislative amendments proposed last year concerning enforcement and patient's rights in response to the rulings in the case of the auctioning of the Vaskrsić family house over an unpaid utility bill and in the case of Šilihs, a couple seeking justice over their son's death.

Statistics dating back to 1959 show that the ECHR ruled in 353 cases involving Slovenia, with violations found in 329 cases, most often with respect to the right to due compensation and to trial within reasonable time.

The ministry noted that in the past Slovenia had several systemic issues, but that most had been tackled.

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