Committee of Ministers to examine implementation of human rights judgments


Strasbourg, 27.11.2013 - The representatives of the 47 member states of the Council of Europe will examine implementation of the judgments and decisions of the European Court of Human Rights on 3-5 December 2013.

This supervisory role of the Committee of Ministers is provided for under Article 46 of the European Convention on Human Rights.

The cases proposed for more detailed examination concern Albania, Armenia, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, the Czech Republic, Greece, the Republic of Moldova, Norway, Poland, Romania, the Russian Federation, Serbia, Slovenia, Spain, Turkey, Ukraine and the United Kingdom (list below).

Decisions and resolutions adopted together with working documents will be made public shortly after the meeting on the website of the Committee of Ministers.

Information regarding the state of execution in all cases pending before the Committee of Ministers can be found on the web site of the Department for the execution of the judgments of the European Court of Human Rights.

Below, the updated list of cases proposed for more detailed examination.

Cases against Albania
Manushaqe Puto and others and Driza group (first judgments final on 17/12/2012 and 02/06/2008): Non-enforcement of final domestic court and administrative decisions relating to the applicants right to restitution or compensation for property nationalised under the communist regime.

Cases against Armenia
Minasyan and Semerjyan group (first judgment final on 23/09/2009): Violations of the applicants' right of property due to the expropriation of their flats or the deprivation of their right to use the flats under conditions that are not prescribed by law.

Cases against Azerbaijan
- Mahmudov and Agazade group (first judgment final on 18/03/2009): Violation of the right to freedom of expression of journalists.

- Namat Aliyev group (first judgment final on 08/07/2010): Various irregularities in the context of the 2005 elections and lack of safeguards against arbitrariness.

Case against Belgium and Greece
M.S.S. (judgment final on 21/01/2011): Expulsion of an asylum seeker from Belgium to Greece.

Cases against Bosnia and Herzegovina
- Sejdić and Finci (judgment final on 22/12/2009): Violation of right to free elections and discrimination against minorities.

- Maktouf and Damjanović (judgment final on 18/07/2013): Violation of the rule of non-retroactivity of punishments in war crimes cases.

Cases against Bulgaria
United Macedonian Organisation Ilinden and others group (first judgment final on 19/04/2006): Infringement of the freedom of association of an organisation which aims to achieve "the recognition of the Macedonian minority in Bulgaria".

Case against the Czech Republic
D.H. and others (judgment final on 13/11/2007): Discrimination in the enjoyment of the applicants right to education due to their assignment to special schools (schools for children with special needs, including those suffering from a mental or social handicap), on account of their Roma origin.

Cases against Greece
- Bekir-Ousta and others group ((first judgment final on 11/01/2008): Violation of the right to freedom of association.

- Michelioudakis Diamantides No. 2 group, Glykantzi and Konti-Arvaniti group (judgments final between 2003 and 2013): Excessive length of criminal and civil proceedings and lack of an effective remedy.

Cases against the Republic of Moldova
Ciorap, Becciev and Paladi groups (judgments final between 2005 and 2013): Poor material conditions of detention, including lack of adequate access to medical care, and lack of effective remedies, as well as the non-compliance with an interim measure on medical assistance.

Case against Norway
Lindheim and others (judgment final on 22/10/2012): Violation of lessors' right of property due to a statutory provision allowing lessees to claim the indefinite extension of certain long lease contracts on unchanged conditions.

Case against Poland
Grzelak (judgment final on 22/11/2010): Discrimination against a non-believer pupil, due to the absence of a mark for religion/ethics in consequent of the failure to provide alternative ethics classes.

Case against Romania
Georgel and Georgeta Stoicescu (judgment final on 26/10/2011): Failure by the authorities to protect the physical and psychological integrity of the applicant, attacked by a pack of stray dogs in Bucharest, and lack of access to court in respect of her claims for damages.

Case against the Russian Federation
Catan and others (judgment final on 19/10/2012): Violation of the right to education concerning children and parents from Moldovan/Romanian language schools in the Transdniestrian region of the Republic of Moldova.

Case against Serbia
Grudić (judgment final on 24/09/2012): Violation of the applicants right to property since the payment of their pensions earned in Kosovo* was suspended for more than a decade in breach of the relevant domestic law.

Case against Slovenia
Kurić and others (judgment final on 26/06/2012): Violation of right to private and family life following the erasure of the resident status of an entire category of former citizens of the Socialist Federal Republic of Yugoslavia at the time of Slovenias declaration of independence.

Case against Spain
Del Ro Prada (judgment final on 21/10/2013): Retrospective application of a new precedent of the Supreme Court in a manner which was not foreseeable for the applicant and which had the effect of extending her detention, following multiple convictions, beyond the date initially foreseen for her final release.

Cases against Turkey
- Cyprus against Turkey (judgment final on 10/05/2001): 14 violations in relation to the situation in the northern part of Cyprus.

- Varnava (judgment final on 18/09/2009): Lack of effective investigation on the fate of nine Greek Cypriot who disappeared during the military operations by Turkey in Cyprus in 1974.

Cases against Ukraine
- Yuriy Nikolayevich Ivanov and Zhovner group (judgments final between 2004 and 2013): Non-enforcement of domestic court decisions against the State or State owned enterprises.

- Oleksandr Volkov (judgment final on 27/05/2013): Unlawful dismissal of the applicant from his post as judge at the Supreme Court.

- Tymoshenko (judgment final on 30/07/2013): Restriction of liberty also for other reasons than those permissible under Article 5.

Cases against the United Kingdom
Hirst No. 2 group (first judgment final on 06/10/2005): Blanket ban on voting imposed automatically on the applicants due to their status as a convicted offenders detained in prison.

* All reference to Kosovo, whether the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.