issued by the Registrar of the Court
ECHR 395 (2012)
25.10.2012
Judgments concerning the Czech Republic and Slovenia
The European Court of Human Rights has today notified in writing the following two
judgments, which are not final. The judgments are available only in English.
Buishvili v. the Czech Republic (application no. 30241/11)
The applicant, Artur Buishvili, is a Georgian national who was born in 1975 and is
currently an asylum seeker in the Czech Republic. He was transferred to the Czech
Republic from the Netherlands under the Dublin II procedure1 in March 2011 and claimed
asylum. He was refused entry and remained in the reception centre at Prague airport. He
was eventually granted entry in June 2011 so that he could have medical treatment for
Hepatitis C. Relying in particular on Article 5 § 4 (right to have lawfulness of detention
decided speedily by a court) of the Convention, he complained that he had had no access
to judicial proceedings in which his release could have been ordered.
Violation of Article 5 § 4
Just satisfaction: 3,000 euros (EUR) (non-pecuniary damage)
Štefančič v. Slovenia (no. 18027/05)
The applicant, Branimir Štefančič, is a Slovenian national who was born in 1966 and lives
in Škofja Loka (Slovenia). In May 2000 he was convicted and sentenced to nine years’
imprisonment for international drug trafficking. The case concerned in particular his
allegation that his criminal trial had been unfair as he had been convicted on the basis
of a statement made by a witness in London whom he had not had the opportunity to
have cross-examined in court. He relied on Article 6 § 1 (right to a fair trial) and Article
6 § 3 (d) (right to obtain attendance and examination of witnesses).
No violation of Article 6 § 1 read in conjunction with Article 6 § 3 (d)
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Decisions, judgments and further information about the Court can be found on
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The European Court of Human Rights was set up in Strasbourg by the Council of
Europe Member States in 1959 to deal with alleged violations of the 1950 European
Convention on Human Rights.
1
A European Union regulation under which member States are required to determine, based on a hierarchy of
objective criteria, which member State is responsible for examining an asylum application lodged on their
territory.