issued by the Registrar of the Court
ECHR 097 (2013)
02.04.2013
Judgments concerning Italy, Poland, Portugal, Romania, Serbia,
and Turkey
The European Court of Human Rights has today notified in writing the following
11 judgments, of which nine (in italics) are Committee judgments and are final. The
others are Chamber judgments1 and are not final.
Length-of-proceedings cases, with the Court’s main finding indicated, can be found at
the end of the press release. The judgments in French are indicated with an asterisk (*).
The Court has also delivered today its judgment in the case of Tarantino and Others v. Italy
(applications nos. 25851/09, 29284/09 and 64090/09), for which a separate press release has
been issued.
Olszewski v. Poland (application no. 21880/03)
The applicant, Grzegorz Olszewski, is a Polish national who was born in 1958 and lives in
Gostynin (Poland). In 2002, Mr Olszewski was convicted of robbery and sentenced to five
years’ imprisonment. Relying in particular on Article 3 (prohibition of inhuman or
degrading treatment), he complained of the detention conditions in Płock prison - where
he had been detained on three occasions between December 1998 and February 2008.
Violation of Article 3 (living conditions in prison)
Just satisfaction: EUR 5,000 (non-pecuniary damage)
Momčilović v. Serbia (no. 23103/07)
The applicant, Milan Momčilović, is a Serbian national who was born in 1940 and lives in
Novi Sad (Serbia). In 2002, the Novi Sad District Court ruled partly in favour of
Mr Momčilović in a dispute with his former employer. This judgment was partly upheld
and partly reversed on appeal by the Supreme Court of Serbia, acting as a
second-instance court. At third instance, in 2007, the Supreme Court of Serbia finally
rejected his appeal on points of law. Relying on Article 6 § 1 (right to a fair hearing),
Mr Momčilović complained in particular that the Supreme Court, at third instance, had
not been constituted in accordance with the relevant national law.
Violation of Article 6 § 1
Just satisfaction: EUR 3,000 (non-pecuniary damage) and EUR 850 (costs and
expenses)
1
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month
period following a judgment’s delivery, any party may request that the case be referred to the Grand Chamber
of the Court. If such a request is made, a panel of five judges considers whether the case deserves further
examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral
request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for
supervision of its execution. Further information about the execution process can be found here:
