Europese ministers bewaken uitvoering arresten Mensenrechtenhof (en)

Met dank overgenomen van Raad van Europa (RvE), gepubliceerd op maandag 6 februari 2006.

Strasbourg, 06.02.2006 - On 7 and 8 February 2006, the Committee of Ministers holds the first of the 6 special meetings foreseen in 2006 for the supervision of the execution of judgments of the European Court of Human Rights (Article 46 of the ECHR).

The Committee will

  • supervise the payment by respondent states of just satisfaction to applicants (542 cases),
  • the adoption of other individual measures granting the applicants the appropriate redress (64 cases or groups of cases) and
  • the adoption of general measures preventing new similar violations (70 cases or groups of cases).

The Committee will also examine for the first time 134 new judgments of the Court and 9 draft Final Resolutions (concerning 35 cases) concluding that the respondent states have complied with their obligations under the judgments.

At this meeting, the Committee will supervise inter alia:

  • The granting by respondent states of redress to the applicants for the violations found, notably:
  • Italy's and Turkey's responses to Interim Resolutions urging them to reopen domestic proceedings or otherwise redress the situation of the applicants convicted in violation of their right to a fair trial and still serving heavy prison sentences (Dorigo v. Italy, ResDH(2005)85 and Hulki Güne? v. Turkey, ResDH(2005)113);
  • Possible reopening of proceedings or other measures to be initiated by Belgium following a violation of the right to a fair trial (case of Goktepe);
  • Progress achieved by Germany to ensure the father's regular access to his child (case of Görgülü) and measures envisaged by Poland in response to a similar violation (case of Zawadka);
  • Remedying the shortcomings in domestic investigations into abuses by police or security forces in Romania (two cases) Russia (three cases concerning violations in Chechnya), Spain (Martinez Sala and others), Turkey (several cases), Ukraine (Afanasyev) and the United Kingdom (six cases concerning violations in Northern Ireland);
  • The execution of the Ila?cu et al. v. Russia & Moldova judgment which found the applicants' detention in the "Moldavian Republic of Transdniestria" to be arbitrary and unlawful and ordered the immediate release of the applicants still in detention.

Furthermore, the Committee will assess general measures (constitutional, legislative or other reforms, including the setting up of effective domestic remedies) to prevent new violations similar to those found in the judgments, notably:

  • 1. 
    The need to bring the conditions of pretrial detention in Bulgaria in line with the Convention's requirements (cases of Kehayov; I.I.);
  • 2. 
    Solutions to the problem of excessive length of civil, criminal or administrative proceedings, and/or to provide an effective domestic remedy for this kind of violations, in 13 countries (cases against Belgium, Czech Republic, France, Greece, Hungary, Ireland, Luxembourg, Poland, Romania, Russia, Slovakia, Ukraine, United Kingdom);
  • 3. 
    Solutions envisaged to solve the structural problem of non-execution of domestic judicial decisions in Russia and Ukraine, revealed by numerous judgments and complaints before the Court;
  • 4. 
    Measures for the protection of the right to liberty of persons detained in psychiatric institutions in the United Kingdom (case of H.L.);
  • 5. 
    Further progress in the execution of the Cyprus v. Turkey judgment, in particular with regard to the issue of missing persons and freedom of religion;
  • 6. 
    The progress of ongoing legislative reform in Moldova to prevent new violations of the freedom of religion (case of Metropolitan Church of Bessarabia);
  • 7. 
    Measures to be taken by Russia and Turkey to prevent fresh violations of the obligation to cooperate with the Court.

The information submitted to the Committee and its decisions are public. Interim Resolutions adopted on important and urgent issues take effect and become public on the day of the meeting. The other decisions adopted and the annotated agenda containing information on the progress in the execution of judgments are made public few days after the meeting.

These documents together with more comprehensive information on the execution of judgments by the member states are available on http://www.coe.int/t/cm/home_en.asp or http://www.coe.int/Human_rights/execution/.

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