Execution of Judgments of the European Court of Human Rights



       
Committee of Ministers to examine implementation of human rights judgments


Strasbourg, 07.02.2014 - 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 4-6 March 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, Bosnia and Herzegovina, Bulgaria, Greece, Hungary, Italy, the Republic of Moldova, Romania, the Russian Federation, Serbia, the former Yugoslav Republic of Macedonia, 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.

- Caka group ((first judgment final on 08/03/2010): Unfairness of criminal proceedings against the applicants.

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.

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

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".

Cases against Greece
- Manios group and case of Athanasiou and others (first judgments final on 11/06/2004 and on 21/03/2011): Excessive length of proceedings before administrative courts and lack of an effective remedy.

- 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.

Case against Hungary
- Horvth and Kiss (judgment final on 29/04/2013): Discriminatory assignment of the Roma applicants to a special school for children with mental disabilities during their primary education.

Cases against Italy
- Sneersone and Kampanella (judgment final on 12/10/2011): Decisions given in 2008 and 2009 ordering the return of a minor child living with his mother in Latvia to his father in Italy, without due consideration of the childs best interest.

- 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.

- M.C. and others (judgment final on 03/12/2013): Legislative intervention which retrospectively and in a discriminatory way deprived the applicants of the annual adjustment of part of the allocation due because of accidental contamination with different viruses as a result of blood transfusions or the administration of blood derivatives.

Cases against the Republic of Moldova
Eremia group (first judgment final on 28/08/2013): Authorities failure to protect women from domestic violence by their (ex-) husbands; discriminatory attitude of domestic authorities towards the victims as women.

Cases against the Republic of Moldova and the Russian Federation
Ilaşcu and others, and Ivantoc and others* (judgments final on 08/07/2004 and on 15/11/2011): Applicants illegal and arbitrary detention in the Moldavian Republic of Transdniestria; ill-treatment sustained in this context; interferences with their right to individual petition. Lack of immediate release of two applicants after the Ilaşcu judgment.

Case against Romania
Moldovan group (first judgment final on 05/07/2005): Continuing consequences of racially-motivated violence, between 1990 and 1993, against villagers of Roma origin, in particular improper living conditions following the destruction of their homes, and the general discriminatory attitude of the authorities, including their prolonged failure to put an end to the breaches of the applicants' rights.

Case against the Russian Federation
- Alekseyev (judgment final on 11/04/2011): Repeated unjustified bans on gay marches.

- Khashiyev and Akayeva group (first judgment final on 06/07/2005): Group of cases concerning action of the security forces, mostly in the Chechen Republic.

- Garabayev group (first judgment final on 30/01/2008): Different violations related to extradition proceedings.

Case against Serbia
Zorica Jovanović (judgment final on 09/09/2013): Violation of the applicants right to respect for her family life on account of the respondent States continuing failure to provide her with credible information as to the fate of her son, who allegedly died in a maternity ward in 1983.

Case against the former Yugoslav Republic of Macedonia
El-Masri (judgment final on 13/12/2012): Various violations related to the CIA secret rendition operations.

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.

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.

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

- Vasiliy Ivashchenko and Naydyon group (judgments final on 26/10/2012 and 14/01/2011): Refusal by the authorities to provide the applicants, while in detention, with copies of documents necessary for their application to the European 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.

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.

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