Committee of Ministers to examine implementation of human rights judgments


Strasbourg, 28.05.2014 - 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 June 2014.

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, Azerbaijan, Belgium, Bosnia and Herzegovina, the Czech Republic, Germany, Greece, Hungary, Italy, Poland, Romania, the Russian Federation, 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 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 Azerbaijan
Mahmudov and Agazade group (first judgment final on 18/03/2009): Violation of the right to freedom of expression of journalists, arbitrary application of law.

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
Al Husin (judgment final on 09/07/2012): Potential violation of Article 3 of the Convention in the event of the applicants deportation to Syria.

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) between 1996 and 1999, on account of their Roma origin.

Cases against Germany
M. group (first judgment final on 10/05/2010): Unlawful extension or imposition of preventive detention on the basis of retroactive legislative changes.

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

Case against Hungary
Kalucza (judgment final on 24/07/2012): Failure of the authorities to protect the applicant from the violence of her former partner despite her repeated requests.

Cases against Italy
**Centro Europa 7 S.R.L. and Di Stefano (judgment final on 07/06/2012): Impossibility for the applicant company to operate in the television broadcasting sector between 1999 and 2009, due to deficiencies in the legislative framework adopted to re-allocate frequencies in this sector and to ensure effective media pluralism.

Torreggiani and others, and Sulejmanovic (judgments final on 27/05/2013 and 06/11/2009): Inhuman and degrading treatment of the applicants due to imprisonment in inadequate conditions, particularly overcrowding.

Cases 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 consequence of the failure to provide alternative ethics classes.

Dzwonkowski group (first judgment final on 12/07/2007): Ill-treatment inflicted by the police between 1997 and 2002 and lack of effective investigation in this respect.

Case against Romania
Association 21 December 1989 group (first judgment final on 28/11/2011): Ineffectiveness of criminal investigations into the violent crackdown on anti-governmental protests which surrounded the fall of the communist regime and absence of sufficient safeguards applied to secret surveillance measures, based on national security grounds.

Case against the Russian Federation
Ananyev and others (judgment final on 10/04/2012): Poor conditions of pre-trial detention in the remand centres under the authority of the Ministry of Justice and lack of an effective remedy in this respect.

Mikheyev group (first judgment final on 26/04/2006): Torture or inhuman/degrading treatment in police custody with a view to extracting confessions and lack of effective investigations; arbitrary and/or unacknowledged detention in police custody; use in criminal proceedings of confessions obtained in breach of Article 3 and lack of an effective remedy to claim compensation for ill-treatment.

Garabayev group (first judgment final on 30/01/2008): Different violations related to extradition proceedings, in particular lack of effective protection against abduction and irregular transfer and effective investigations into such allegations.

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.

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.

Xenides-Arestis group (first judgment final on 22/03/2006): Continuous denial of access to property in the northern part of Cyprus and consequent loss of control thereof. Violation of the right to respect for applicants' home in some cases.

Incal, Gzel and zer, and rper and others groups (first judgment final on 09/06/1998): Violations of the right to freedom of expression.

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

Vyerentsov (judgment final on 11/07/2013): Administrative conviction of the applicant for holding peaceful demonstration despite lack of law regulating the holding of public assemblies; several violations of the right to a fair trial.

Kaverzin and Afanasyev group (judgments final on 15/08/2012 and 05/07/2005): Ill-treatment by the police and ineffective investigations into such complaints.

Cases against the United Kingdom
McKerr group (first judgment final on 04/08/2001): Action of the security forces in Northern Ireland in the 1980s and 1990s.

* Case against the Republic of Moldova and the Russian Federation but the European Court found no violation in respect of the Republic of Moldova.