YOUTH INITIATIVE FOR HUMAN RIGHTS v. SERBIA JUDGMENT
7
the nature of that information (the number of people subjected to electronic
surveillance by that agency in 2005) and the agency’s initial response.
26. The Court concludes that the obstinate reluctance of the intelligence
agency of Serbia to comply with the order of the Information Commissioner
was in defiance of domestic law and tantamount to arbitrariness.
There has accordingly been a violation of Article 10 of the Convention.
II. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
27. The applicant complained that the refusal of the intelligence agency
to comply with the order of the Information Commissioner amounted also to
a violation of Article 6 of the Convention.
28. The Government contested that argument.
29. Having regard to the finding relating to Article 10 of the Convention,
the Court considers that it is not necessary to examine the admissibility or
the merits of the same complaint under Article 6 (see, by analogy, Lepojić
v. Serbia, no. 13909/05, § 79, 6 November 2007, and Filipović v. Serbia,
no. 27935/05, § 60, 20 November 2007).
III. APPLICATION OF ARTICLE 46 OF THE CONVENTION
30. The relevant part of Article 46 of the Convention reads as follows:
“1. The High Contracting Parties undertake to abide by the final judgment of the
Court in any case to which they are parties.
2. The final judgment of the Court shall be transmitted to the Committee of
Ministers, which shall supervise its execution. ...”
31. Before examining the applicant’s claim for just satisfaction under
Article 41 of the Convention and in view of the circumstances of the instant
case, the Court wishes to consider what consequences may be drawn for the
respondent State from Article 46. It reiterates that by virtue of Article 46 the
High Contracting Parties have undertaken to abide by the final judgments of
the Court in any case to which they are parties, execution being supervised
by the Committee of Ministers of the Council of Europe. It follows, among
other things, that a judgment in which the Court finds a breach imposes on
the respondent State a legal obligation not just to pay those concerned any
sums awarded under Article 41, but also to select, subject to supervision by
the Committee of Ministers, the general and/or, if appropriate, individual
measures to be adopted in their domestic legal order to put an end to the
violation found by the Court and to redress so far as possible the effects (see
Scozzari and Giunta v. Italy [GC], nos. 39221/98 and 41963/98, § 249,
ECHR 2000-VIII). The aim is to put the applicant, as far as possible, in the
position he would have been in had the requirements of the Convention not
been disregarded (restitutio in integrum) (see Emre v. Switzerland (no. 2),
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