The Committee of Ministers completed its supervision of the execution of the ECHR judgment in the case of Bamouhammad on 14 December, concerning the modalities of the execution of the applicant's detention (repeated transfers from prisons and numerous exceptional security measures), combined with the delay in putting in place a therapy and the refusal to consider any adjustments to his sentence, in spite of his degrading health (violation of Article 3). This case also concerned the lack of an effective remedy to complaint in this regard (violation of Articles 3 and 13 combined).
Following the ECHR judgment and the general measures to be adopted indicated therein, the authorities have established a new remedy, which seems adapted to the situation of detainees facing transfers and exceptional measures, in the form of a right of complaint, which came into force on 1 October 2020. With regard to decisions on placement, transfer and special individual security arrangements, the Appeals Commission of the Central Prison Supervision Board (which is attached to the Federal Parliament) is directly competent to examine appeals against such decisions taken by the Director General of the Penitentiary Administration. Recent examples have been provided by the authorities, which have resulted in the total or partial annulment of such decisions.
