Italy: Reform of review mechanism of whole life sentences aiming at aligning with ECHR judgment
In its Decision of 10 March the Committee of Ministers noted with satisfaction the reform of the Prison Administration Act (Article 4 bis) which introduced the possibility for prisoners who fail to cooperate with the judicial authorities to be eligible for release on parole, in response to the...
Sweden amends its Fundamental Law on Freedom of Expression
In response to the European Court’s judgment in the case of Arlewin, concerning the lack of effective access to a court to obtain protection against alleged defamation through a foreign TV broadcast, the Swedish Parliament amended the Fundamental Law on Freedom of Expression (one of the four laws...
New practice of the Croatian Constitutional Court following ECHR judgment concerning costs incurred by vulnerable persons
In December 2022, the Constitutional Court aligned its practice with the European Court’s judgment in Dragan Kovačević concerning the Constitutional Court’s failure to reimburse the applicant, a person of low-income suffering from a mental disability, the costs incurred in the proceedings upon...
Belgium strengthens the protection of detainees through a new right of complaint
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...
Iceland: Supreme Court quashes applicants’ convictions and new law prevents new violations of the ne bis in idem principle
The Committee of Ministers ended its supervision of the execution of the ECHR judgments in the Johannesson and Others group of cases on 14 December. These cases concern violations of one’s right not to be tried or punished twice (ne bis in idem) on account of the applicants’ convictions for the...
Norway enhances legal framework concerning police search and seizure of data protected by legal professional privilege
The Committee of Ministers ended its supervision of the execution of the ECHR judgment in Saber on 16 November. This case concerned the unlawful interference in the applicant’s right to respect for his correspondence, because his smart phone containing information protected by legal professional...
Lithuania: Constitutional amendment implementing ECHR judgment
The Committee of Ministers ended its supervision of the execution of the European Court’s judgment in the case of the former president Rolandas Paksas, which was pending since 2011. In its judgment, the Court found a violation of the applicant’s right to free elections due to the “permanent and...
Romania : Introduction of a remedy with automatic suspensive effect against expulsion after criminal conviction
In response to the European Court’s judgment in the case of D. and Others concerning the absence of suspensive effect of the available domestic remedies against expulsion following a criminal conviction, Parliament adopted Law No. 247/2022. The law was signed by the President and entered into...
Ukraine reinforces safeguards against domestic and gender-based violence
On 20 June, the Parliament of Ukraine approved the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). The respective law was signed by the President and entered into force on 2 July. On 18 July, Ukraine deposited the...
State Court of Bosnia and Herzegovina aligns procedures with ECHR judgment concerning equality of arms
In September 2021, one month after the European Court’s judgment in Bimal d.d. concerning a breach of the principle of equality of arms in administrative judicial-review proceedings, the State Court of Bosnia and Herzegovina introduced a mandatory requirement that each party to such proceedings...
Greece: Legislative measures to tackle excessive formalism by criminal courts
The Committee of Ministers ended its supervision of the execution of the ECHR judgment in Kallergis, which was pending since 2009. The case concerned a violation of the applicant’s right of access to a court due to the excessively formalistic interpretation by the Court of Cassation of...
Greece: New law regulates separated parents’ access to children in line with ECHR judgment
The Committee of Ministers ended its supervision of the execution of the ECHR judgment in Fourkiotis concerning the inadequacy of measures taken by the competent authorities to secure the enforcement of a court decision ordering interim measures on the applicant father’s rights of access to his...
Montenegro: Authorities and civil sector pursue joint training on preventing police ill-treatment and effective investigations
In response to the European Court’s judgments in the Siništaj and Others group (regarding police ill-treatment and lack of effective investigations), the Montenegrin authorities have organised, in cooperation with the NGO "Civic Alliance", a training programme for police officers, judges and...
Greece: Measures adopted to enhance hate crime investigations
The Committee of Ministers ended its supervision of execution of the ECHR judgment in Sakir concerning mainly ineffective criminal investigations into the racially motivated assault suffered by the migrant applicant in 2009. Following the Court’s judgment, the authorities implemented a wide range...
Lithuania: Parliament adopts constitutional amendment to implement ECHR judgment
On 21 April, the Lithuanian Parliament (Seimas) adopted in the second vote the constitutional amendment aimed at implementing the ECHR judgment in the case concerning the former president Rolandas Paksas. The Court has found a violation of the applicant’s right to free elections due to the...
France reinforces the guarantees around the FNAEG (National Computerised DNA Database)
Incorporating the changes required by the Aycaguer judgment of the European Court, a decree promulgated on 29 October 2021 modulates the periods of data retention in the FNAEG according to the seriousness of the offence, on which they were recorded, and the status as adult or minor of the person...
Ukraine: Supreme Court’s case-law evolves to ensure fair trials and applicants’ restitutio in integrum
On 16 February, the Committee of Ministers ended the supervision of the execution of the ECHR judgments in the Bochan (No. 2) v. Ukraine group of cases. The cases concerned violations of the right to a fair trial during review proceedings before the Supreme Court following judgments of the...
J.D. and A v. the United Kingdom
United Kingdom: New legislation enhances protection of victims of domestic violence.
In February 2022, the Committee of Ministers ended the supervision of the execution of the ECHR judgment in J.D. and A v. the United Kingdom. The case concerns the discriminatory reduction in housing benefit enjoyed by the second applicant, a woman at risk of domestic violence who benefited from...
Paksas v. Lithuania
Lithuania: Parliament moves towards constitutional amendment to implement ECHR judgment
On 18 January, the Lithuanian Parliament (Seimas) approved in the first vote the constitutional amendment aimed at implementing the ECHR judgment in the case concerning the former president Rolandas Paksas. The Court has found a violation of the applicant’s right to free elections due to the...
Lachiri v. Belgium
Belgium: Amended Judicial Code enhances freedom of religion
A law of 28 November 2021 (published on 30 November) amended Article 759 of the Judicial Code, which used to read: "Whoever attends a hearing shall stand uncovered, respectful and silent: whatever the judge orders for the maintenance of order shall be carried out punctually and immediately." By...
Oyal v. Turkey
Turkey: Protection of rights in the health care system
On 3 December, the Committee of Ministers ended its supervision of execution of the Oyal group of cases. This group concerned, among others, violations of the right to life and prohibition of inhuman treatment on account of medical negligence committed mainly by medical staff of state-run...
Clasens v. Belgium
Belgium: prison conditions during strikes by prison officers
In October 2021, the Federal Institute for the Protection and Promotion of Human Rights (IFDH) and the Central Supervisory Board of Prisons (CCSP) submitted a joint communication to the Committee in the Clasens group of cases. They indicate that strikes by prison officers last in practice...
Rashad Hasanov and Others v. Azerbaijan
Azerbaijan: Decision of Supreme Court aims to fully redress human rights violations
On 19 November 2021, the Plenum of the Supreme Court, in the light of the judgment of the ECHR (Rashad Hasanov and Others) (Mammadli group of cases) examined the cases of Rashad Hasanov, Zaur Gurbanli, Uzeyir Mammadli and Rashadat Akhundov. Having regard to the ECHR’s conclusions in this...
Khan v. France
France: protection of unaccompanied foreign minors "in transit"
Two new communications have been transmitted to the Committee of Ministers in the Khan case by UNICEF France and two associations, Utopia 56 and Safe Passage International, working in the field in the Nord and Pas-de-Calais departments. These communications set out the measures adopted by the...
Lewit v. Austria
Austria: Protection of a Holocaust survivor’s reputation
On 20 October, the Committee of Ministers ended the supervision of execution by Austria of the European Court’s judgment in Lewit, which concerned a violation of the reputation of the applicant, a 97-year-old Holocaust survivor. In defamation proceedings he had initiated, the domestic courts...
Makaratzis v. Greece
Greece – ongoing efforts to eradicate police ill-treatment and enhance investigations
During the Human Rights meeting on 14-16 September, the Committee of Ministers adopted a decision welcoming the Greek Prime Minister’s public expression of apology to all victims of ill-treatment by law enforcement officers and the state’s strong commitment to setting the stage for a change of...
J.M.B. and others v. France
France: overcrowding and poor conditions in prisons
Five communications were submitted in the J.M.B. and others case to the Committee of Ministers on behalf of the Commission nationale consultative des droits de l’homme and the Contrôleur général des lieux de privation de liberté, the Observatoire international des prisons, the Syndicat de la...
L.B. and W.D. v. Belgium
Belgium: Internment in psychiatric wings of prisons
The Centre interfédéral pour l’égalité des chances (UNIA) submitted a communication to the Committee of Ministers in the group of cases L.B. and pilot judgment W.D. UNIA suggests, among other things, to further develop the regular path of mental health care for internees as well as to improve the...
N.H. and others v. France
France: Material reception conditions of asylum seekers
The NGO CFDA (Coordination française pour le droit d’asile) submitted a communication to the Committee of Ministers in the case of N.H. and others. It reported continuing difficulties in practice, on the ground, in the material conditions of reception of asylum seekers, despite the French...
Moustahi v. France
Detention and expulsion of very young unaccompanied foreign minors from Mayotte to the Comoros
The Commission nationale consultative des droits de l’homme (CNCDH) and the Contrôleur général des lieux de privation de liberté (CGLPL) submitted a joint communication to the Committee of Ministers in the Moustahi case, reporting on the persistence in Mayotte (French department in the Indian...
