Ministers’ Deputies
Decisions

CM/Del/Dec(2009)1072 7 December 2009
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1072nd (DH) meeting, 1-3 December 2009

Decisions adopted at the meeting

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1072nd DH meeting – 3 December 2009
Item a.

Adoption of the Annotated Agenda and Order of Business

Decisions

The Deputies

1. agreed to postpone to their 1078th meeting (March 2010) (DH) the following items placed on the draft annotated Agendas of their 1072nd meeting (DH):

- 2 cases against Belgium

13178/03 Mubilanzila Mayeka and Kaniki Mitunga, judgment of 12/10/2006, final on 12/01/2007
48386/99 Cottin, judgment of 02/06/2005, final on 02/09/2005

- 2 cases against Bulgaria

68490/01 Stankov, judgment of 12/07/2007, final on 12/10/2007
20594/02 Tzvyatkov, judgment of 12/06/2008, final on 12/09/2008

- 4 cases against France

5608/05 Renolde, judgment of 16/10/2008, final on 16/01/2009
70204/01 Frérot, judgment of 12/06/2007, final on 12/09/2007
63879/00 Ben Naceur, judgment of 03/10/2006, final on 03/01/2007
1092/04 Gacon, judgment of 22/05/2008, final on 22/08/2008

- 4 cases against Greece

44858/04 Markoulaki No. 1, judgment of 26/07/2007, final on 26/10/2007
2898/03 N.T. Giannousis and Kliafas Brothers S.A., judgment of 14/12/2006, final on 23/05/2007
32186/02 Agga No. 3, judgment of 13/07/2006, final on 13/10/2006
33331/02 Agga No. 4, judgment of 13/07/2006, final on 13/10/2006

- 10 cases against Italy

41576/98 Ganci, judgment of 30/10/03, final on 30/01/04
56317/00 Argenti, judgment of 10/11/2005, final on 10/02/2006
35795/02 Asciutto, judgment of 27/11/2007, final on 07/07/2008
60915/00 Bifulco, judgment of 08/02/2005, final on 08/05/2005,
Interim Resolution ResDH(2005)56
53723/00 Gallico, judgment of 28/06/2005, final on 28/09/2005
25498/94 Messina Antonio No. 2, judgment of 28/09/00, final on 28/12/00,
Interim Resolution ResDH(2001)178
33695/96 Musumeci Carmelo, judgment of 11/01/2005, final on 06/06/2005
60395/00 Papalia, judgment of 04/12/2007, final on 04/03/2008
42285/98 Salvatore, judgment of 06/12/2005, final on 06/03/2006
8316/02 Viola, judgment of 29/06/2006, final on 29/09/2006

- 3 cases against Romania

75101/01 Grecu, judgment of 30/11/2006, final on 28/02/2007

      - 2 cases concerning the annulment of final court decisions concerning tax exemptions

25632/02 Stere and others, judgment of 23/02/2006, final on 23/05/2006
21351/03 Stîngaciu and Tudor, judgment of 03/08/2006, final on 03/11/2006
- 156 cases against the Russian Federation

52854/99 Ryabykh, judgment of 24/07/03, final on 03/12/03
39897/02 Agasaryan, judgment of 20/11/2008, final on 20/02/2009
2993/03 Akalinskiy, judgment of 07/06/2007, final on 07/09/2007
63973/00 Androsov, judgment of 06/10/05, final on 15/02/06
17472/04 Bodrov, judgment of 12/02/2009, final on 12/05/2009
14853/03 Borshchevskiy, judgment of 21/09/2006, final on 12/02/2007
62866/00 Boychenko and Gershkovich, judgment of 28/06/2007, final on 28/09/2007
23795/02 Chebotarev, judgment of 22/06/2006, final on 22/09/2006
30714/03 Chekushkin, judgment of 15/02/2007, final on 15/05/2007
5964/02 Chernitsyn, judgment of 06/04/2006, final on 13/09/2006
30686/03 Danilchenko, judgment of 15/02/2007, final on 15/05/2007
3244/04 Dementyev, judgment of 06/11/2008, final on 06/02/2009
27101/04 Dmitriyeva, judgment of 03/04/2008, final on 29/09/2008
2999/03 Dovguchits, judgment of 07/06/2007, final on 07/09/2007
1752/02 Fedotova Irina, judgment of 19/10/2006, final on 19/01/2007
30674/03 Gavrilenko, judgment of 15/02/2007, final on 15/05/2007
20430/04 Gladyshev and others, judgment of 07/02/2008, final on 07/05/2008
30777/03 Grebenchenko, judgment of 15/02/2007, final on 15/05/2007
10277/05 Ignatyeva, judgment of 03/04/2008, final on 03/07/2008
11697/05 Ivanova, judgment of 24/04/2008, final on 24/07/2008
19136/04 Kalinichenko, judgment of 12/03/2009, final on 12/06/2009
11785/02 Klimenko, judgment of 18/01/2007, final on 18/04/2007
30685/03 Knyazhichenko, judgment of 15/02/2007, final on 15/05/2007
75473/01 Kondrashova, judgment of 16/11/2006, final on 16/02/2007
20887/03 Kot, judgment of 18/01/2007, final on 18/04/2007
36495/02 Kurinnyy, judgment of 12/06/2008, final on 12/09/2008
3548/04 Luchkina, judgment of 10/04/2008, final on 10/07/2008
26338/06 Murtazin, judgment of 27/03/2008, final on 27/06/2008
45017/04 Nekhoroshev, judgment of 10/04/2008, final on 10/07/2008
14502/04 Nelyubin, judgment of 02/11/2006, final on 26/03/2007
44543/04 Parolov, judgment of 14/06/2007, final on 30/01/2008
1861/05 Petrov Sergey, judgment of 10/05/2007, final on 10/08/2007
7061/02 Petrov, judgment of 21/12/2006, final on 21/03/2007
4874/03 Pitelin and others, judgment of 14/06/2007, final on 14/09/2007
24247/04 Prisyazhnikova and Dolgopolov, judgment of 28/09/2006, final on 28/12/2006
30422/03 Pshenichnyy, judgment of 14/02/2008, final on 07/07/2008
69341/01 Romanov Yuriy, judgment of 25/10/05, final on 15/02/06
60974/00 Roseltrans, judgment of 21/07/2005, final on 21/10/2005
30731/03 Septa, judgment of 15/02/2007, final on 15/05/2007
12793/00 Seregina, judgment of 30/11/2006, final on 28/02/2007
55531/00 Sitkov, judgment of 18/01/2007, final on 18/04/2007
73203/01 Smarygin, judgment of 01/12/05, final on 01/03/06
30672/03+ Sobelin and others, judgment of 03/05/2007, final on 03/08/2007
878/03 Stetsenko and Stetsenko, judgment of 05/10/2006, final on 05/01/2007
22551/06 Tkachev, judgment of 11/12/2008, final on 11/03/2009
30671/03 Vasilyev Boris, judgment of 15/02/2007, final on 15/05/2007
66543/01 Vasilyev, judgment of 13/10/2005, final on 12/04/06
8564/02 Volkov Stanislas, judgment of 15/03/2007, final on 15/06/2007
48758/99 Volkova, judgment of 05/04/2005, final on 05/07/2005
51380/07 Zakharov, judgment of 12/03/2009, final on 12/06/2009
67051/01 Zasurtsev, judgment of 27/04/2006, final on 27/07/2006
25448/06 Zvezdin, judgment of 14/06/2007, final on 14/09/2007

- 2 cases concerning violations of the right to home due to industrial pollution
55723/00 Fadeyeva, judgment of 09/06/2005, final on 30/11/2005
53157/99+ Ledyayeva, Dobrokhotova, Zolotareva and Romashina, judgment of 26/10/2006, final on 26/03/2007
CM/Inf/DH(2007)7

14139/03 Bolat, judgment of 05/10/2006, final on 05/01/2007
38411/02 Garabayev, judgment of 07/06/2007, final on 30/01/2008
42443/02 Eminbeyli, judgment of 26/02/2009, final on 26/05/2009
2947/06 Ismoilov and others, judgment of 24/04/2008, final on 01/12/2008
13476/04 Khudyakova, judgment of 08/01/2009, final on 08/04/2009
42502/06 Muminov, judgment of 11/12/2008, final on 04/05/2009
656/06 Nasrulloyev, judgment of 11/10/2007, final on 11/01/2008
8320/04 Ryabikin, judgment of 19/06/2008, final on 19/09/2008
16074/07 Shchebet, judgment of 12/06/2008, final on 12/09/2008
184/02 Kuznetsov and others, judgment of 11/01/2007, final on 11/04/2007
10519/03 Barankevich, judgment of 26/07/2007, final on 26/10/2007
72881/01 Moscow Branch of the Salvation Army, judgment of 05/10/2006, final on 05/01/2007
18147/02 Church of Scientology Moscow, judgment of 05/04/2007, final on 24/09/2007
30160/04 Dzhavadov, judgment of 27/09/2007, final on 27/12/2007
35082/04 Makhmudov, judgment of 26/07/2007, final on 26/10/2007
55066/00+ Russian Conservative Party of Entrepreneurs and others, judgment of 11/01/2007, final on 11/04/2007
17864/04+ Krasnov and Skuratov, judgment of 19/07/2007, final on 31/03/2008
10877/04 Kuznetsov Sergei, judgment of 23/10/2008, final on 23/01/2009
72683/01 Chemodurov, judgment of 31/07/2007, final on 31/10/2007
25968/02 Dyuldin and Kislov, judgment of 31/07/2007, final on 31/10/2007
37406/03 Dyundin, judgment of 14/10/2008, final on 14/01/2009
14888/03 Godlevskiy, judgment of 23/10/2008, final on 06/04/2009
73219/01 Filatenko, judgment of 06/12/2007, final on 06/03/2008
29372/02 Karman, judgment of 14/12/2006, final on 14/03/2007
12365/03 Krasulya, judgment of 22/02/2007, final on 22/05/2007
34736/03 Obukhova, judgment of 08/01/2009, final on 08/04/2009
46082/99 Klyakhin, judgment of 30/11/05, final on 06/06/05
4026/03 Bakhitov, judgment of 04/12/2008, final on 04/03/2009
21153/02 Bednov, judgment of 01/06/2006, final on 01/09/2006
72967/01 Belevitskiy, judgment of 01/03/2007, final on 01/06/2007
22053/02 Belov, judgment of 03/07/2008, final on 03/10/2008
1603/02 Brovchenko, judgment of 18/12/2008, final on 18/03/2009
11886/05 Dolgova, judgment of 02/03/2006, final on 03/07/2006
31008/02 Fedorov and Fedorova, judgment of 13/10/2005, final on 13/01/2006
26386/02 Fursenko, judgment of 24/04/2008, final on 24/07/2008
16595/02 Golovkin, judgment of 03/04/2008, final on 29/09/2008
42940/06 Govorushko, judgment of 25/10/2007, final on 25/01/2008
67542/01 Gusev, judgment of 15/05/2008, final on 15/08/2008
70276/01 Gusinskiy, judgment of 19/05/2004, final on 10/11/2004
27193/02 Ignatov, judgment of 24/05/2007, final on 24/08/2007
59696/00 Khudobin, judgment of 26/10/2006, final on 26/01/2007
6847/02 Khudoyorov, judgment of 08/11/2005, final on 12/04/2006
19126/02 Komarova, judgment of 02/11/2006, final on 02/02/2007
75039/01 Korchuganova, judgment of 08/06/2006, final on 08/09/2006
38971/06 Korshunov, judgment of 25/10/2007, final on 25/01/2008
3023/03 Krivonosov, judgment of 27/11/2008, final on 27/02/2009
4493/04 Lebedev, judgment of 25/10/2007, final on 02/06/2008
3223/07 Makarov Aleksey, judgment of 12/06/2008, final on 12/09/2008
7064/05 Mamedova, judgment of 01/06/2006, final on 23/10/2006
18123/04 Matskus, judgment of 21/02/2008, final on 21/05/2008
24552/02 Melnikova, judgment of 21/06/2007, final on 30/01/2008
36911/02 Mishketkul and others, judgment of 24/05/2007, final on 12/11/2007

55669/00 Nakhmanovitch, arrêt du 02/03/2006, final on 02/06/2006
22674/02 Oblov, judgment of 15/01/2009, final on 15/04/2009
45100/98 Panchenko, judgment of 08/02/2005, final on 08/05/2005
30209/04 Ponushkov, judgment of 06/11/2008, final on 06/02/2009
32327/06 Popkov, judgment of 15/05/2008, final on 29/09/2008
28957/02 Pshevecherskiy, judgment of 24/05/2007, final on 24/08/2007
54071/00 Rokhlina, judgment of 07/04/2005, final on 12/10/2005
64140/00 Rozhkov, judgment of 19/07/2007, final on 12/11/2007
7649/02 Shcheglyuk, judgment of 14/12/2006, final on 14/03/2007
13541/06 Shkilev, judgment of 19/03/2009, final on 19/06/2009
65734/01 Shukhardin, judgment of 28/06/2007, final on 28/09/2007
4459/03 Sidorenko, judgment of 08/03/2007, final on 08/06/2007
3947/03 Silin, judgment of 24/04/2008, final on 24/07/2008
46133/99+ Smirnova, judgment of 24/07/2003, final on 24/10/2003
2708/02 Solovyev Vladimir, judgment of 24/05/2007, final on 12/11/2007
40258/03 Yudayev, judgment of 15/01/2009, final on 15/04/2009
942/02 Zementova, judgment of 27/09/2007, final on 27/12/2007
47095/99 Kalashnikov, judgment of 15/07/02, final 15/10/02,
Interim Resolution ResDH(2003)123

22107/03 Antropov, judgment of 29/01/2009, final on 29/04/2009
67253/01 Babushkin, judgment of 18/10/2007, final on 18/01/2008
37810/03 Bagel, judgment of 15/11/2007, final on 15/02/2008
28617/03 Belashev, judgment of 04/12/2008, final on 04/05/2009
106/02 Benediktov, judgment of 10/05/2007, final on 24/09/2007
68337/01 Buzychkin, judgment of 14/10/2008, final on 14/01/2009
39420/03 Bychkov, judgment of 05/03/2009, final on 05/06/2009
66802/01 Dorokhov, judgment of 14/02/2008, final on 14/05/2008
205/02 Frolov Andrey, judgment of 29/03/2007, final on 24/09/2007
52058/99 Gorodnitchev, judgment of 24/05/2007, final on 12/11/2007
30983/02 Grishin, judgment of 15/11/2007, final on 02/06/2008
24650/02 Guliyev, judgment of 19/06/2008, final on 19/09/2008
34000/02 Ivanov Igor, judgment of 07/06/2007, final on 30/01/2008
37213/02 Kantyrev, judgment of 21/06/2007, final on /01/2008
25948/05 Knyazev, judgment of 08/11/2007, final on 02/06/2008
67086/01 Korobov and others, judgment of 27/03/2008, final on 27/06/2008
62208/00 Labzov, judgment of 16/06/05, final on 16/09/05
25664/05 Lind, judgment of 06/12/2007, final on 02/06/2008
6270/06 Lyubimenko, judgment of 19/03/2009, final on 19/06/2009
6954/02 Maltabar and Maltabar, judgment of 29/01/2009, final on 29/04/2009
14850/03 Matyush, judgment of 09/12/2008, final on 09/03/2009
63378/00 Mayzit, judgment of 20/01/05, final on 06/07/05
52697/99 Mikadze, judgment of 07/06/2007, final on 12/11/2007
22625/02 Mironov, judgment of 08/11/2007, final on 08/02/2008
11982/02 Novinskiy, judgment of 10/02/2009, final on 10/05/2009
66460/01 Novoselov, judgment of 02/06/05, final on 02/09/05
3522/04 Salmanov, judgment of 31/07/2008, final on 31/10/2008
15591/03 Seleznev, judgment of 26/06/2008, final on 01/12/2008
42239/02 Starokadomskiy, judgment of 31/07/2008, final on 31/10/2008
3130/03 Sudarkov, judgment of 10/07/2008, final on 01/12/2008
63955/00 Sukhovoy, judgment of 27/03/2008, final on 27/06/2008
36898/03 Trepashkin, judgment of 19/07/2007, final on 19/10/2007

- 37 cases against Ukraine

39042/97 Kuznetsov, judgment of 29/04/03
41220/98 Aliev, judgment of 29/04/03, final on 29/07/03
40679/98 Dankevich, judgment of 29/04/03, final on 29/07/03
41707/98 Khokhlich, judgment of 29/04/03, final on 29/07/03
18660/03 Malenko, judgment of 19/02/2009, final on 19/05/2009
39483/98 Nazarenko, judgment of 29/04/03, final on 29/07/03
38812/97 Poltoratskiy, judgment of 29/04/03
15825/06 Yakovenko, judgment of 25/10/2007, final on 25/01/2008
72286/01 Melnik, judgment of 28/03/2006, final on 28/06/2006
40269/02 Koretskyy and others, judgment of 03/04/2008, final on 03/07/2008
38722/02 Afanasyev, judgment of 05/04/2005, final on 05/07/2005
17323/04 Ismailov, judgment of 27/11/2008, final on 27/02/2009
16437/04 Kobets, judgment of 14/02/2008, final on 14/05/2008
75520/01 Kozinets, judgment of 06/12/2007, final on 06/03/2008, rectified on 27/02/2008
39188/04 Suptel, judgment of 19/02/2009, final on 19/05/2009
32092/02 Yaremenko, judgment of 12/06/2008, final on 12/09/2008
54825/00 Nevmerzhitsky, judgment of 05/04/2005, final on 12/10/2005
16505/02 Doronin, judgment of 19/02/2009, final on 19/05/2009
72277/01 Dvoynykh, judgment of 12/10/2006, final on 12/02/2007
65550/01 Koval, judgment of 19/10/2006, final on 12/02/2007
16447/04 Kucherenko Nikolay, judgment of 19/02/2009, final on 19/05/2009
2570/04 Kucheruk, judgment of 06/09/2007, final on 06/12/2007
75522/01 Mikhaniv, judgment of 06/11/2008, final on 6/04/2009
34211/04 Miroshnichenko Roman, judgment of 19/02/2009, final on 19/05/2009
40774/02+ Solovey and Zozulya, judgment of 27/11/2008, final on 27/02/2009
35231/02 Svershov, judgment of 27/11/2008, final on 27/02/2009
39458/02 Tkachev, judgment of 13/12/2007, final on 13/03/2008
30628/02 Ukhan, judgment of 18/12/2008, final on 18/03/2009
17283/02 Yeloyev, judgment of 06/11/2008, final on 06/02/2009
7577/02 Bochan, judgment of 03/05/2007, final on 03/08/2007
37878/02 Tserkva Sela Sosulivka, judgment of 28/02/2008, final on 28/05/2008
47148/99 Novoseletskiy, judgment of 22/02/2005, final on 22/05/2005
77703/01 Svyato-Mykhaylivska Parafiya, judgment of 14/06/2007, final on 14/09/2007

      - 4 cases mainly concerning the failure to conduct an effective investigation into the death of the applicants

32478/02 Shevchenko, judgment of 04/04/2006, final on 04/07/2006
29971/04 Kats and others, judgment of 18/12/2008, final on 18/03/2009, rectified on 06/05/2009
39964/02 Khaylo, judgment of 13/11/2008, final on 13/02/2009
249/03 Muravskaya, judgment of 13/11/2008, final on 13/02/2009

2. agreed to postpone to their 1086th meeting (June 2010) (DH) the following items placed on the draft annotated Agendas of their 1072nd meeting (DH):

- 38 cases against Bulgaria

41035/98 Kehayov, judgment of 18/01/2005, final on 18/04/2005
54578/00 Alexov, judgment of 22/05/2008, final on 22/08/2008
55389/00 Dobrev, judgment of 10/08/2006, final on 10/11/2006
54659/00 Gavazov, judgment of 06/03/2008, final on 06/06/2008
61507/00 Georgiev Andrei, judgment of 26/07/2007, final on 26/10/2007
44082/98 I.I., judgment of 09/06/2005, final on 09/09/2005
41211/98 Iovchev, judgment of 02/02/2006, final on 02/05/2006
55712/00 Kostadinov, judgment of 07/02/2008, final on 07/05/2008
28674/03 Kostov Slavcho, judgment of 27/11/2008, final on 27/02/2009
57830/00 Malechkov, judgment of 28/06/2007, final on 28/09/2007
37449/02 Shishmanov, judgment of 08/01/2009, final on 08/04/2009
49438/99 Staykov, judgment of 12/10/2006, final on 12/01/2007
50765/99 Todorov Todor, judgment of 05/04/2007, final on 05/07/2007
56856/00 Yordanov, judgment of 10/08/2006, final on 10/11/2006
45114/98 Bojilov, judgment of 22/12/2004, final on 22/03/2005
42026/98 Asenov, judgment of 15/07/2005, final on 15/10/2005
47799/99 Bojinov, judgment of 28/10/2004, final on 28/01/2005
56796/00 Danov, judgment of 26/10/2006, final on 26/01/2007
16085/02 Georgieva, judgment of 03/07/2008, final on 03/10/2008
60859/00 Hristova, judgment of 07/12/2006, final on 07/03/2007
48870/99 Iliev, judgment of 22/12/2004, final on 22/03/2005
40063/98 Mitev, judgment of 22/12/2004, final on 22/03/2005
74792/01 Rashid No. 2, judgment of 05/06/2008, final on 05/09/2008, rectified on 30/09/2008
47279/99 Yosifov, judgment of 07/12/2006, final on 07/03/2007
49429/99 Capital Bank AD, judgment of 24/11/2005, final on 24/02/2006
64209/01 Peev, judgment of 26/07/2007, final on 26/10/2007
65755/01 Stefanov Iliya, judgment of 22/05/2008, final on 22/08/2008
47579/99 Raichinov, judgment of 20/04/2006, final on 20/07/2006
48191/99 Kushoglu, judgment of 10/05/2007, final on 10/08/2007 and of 03/07/2008, final on 01/12/2008
61951/00 Debelianovi, judgment of 29/03/2007, final on 29/06/2007 and of 27/11/2008, final on 27/02/2009
43278/98+ Velikovi and others, judgment of 15/03/2007, final on 9/07/2007, judgment of 24/04/2008 (Article 41), final on 24/07/2008
56753/00 Dimitar and Anka Dimitrovi, judgment of 12/02/2009, final on 12/05/2009
45116/98 Kalinova, judgment of 08/11/2007, final on 08/02/2008 and of 27/11/2008, final on 27/02/2009
57176/00 Koprinarovi, judgment of 15/01/2009, final on 15/04/2009
6189/03 Mihaylovi, judgment of 12/02/2009, final on 12/05/2009
60805/00 Miteva, judgment of 12/02/2009, final on 12/05/2009
55722/00 Simova and Georgiev, judgment of 12/02/2009, final on 12/05/2009
42617/02 Vladimirova and others, judgment of 26/02/2009, final on 26/05/2009

- 19 cases against France

60796/00 Cabourdin, judgment of 11/04/2006, final on 11/07/2006
16043/03 Achache, judgment of 03/10/2006, final on 03/01/2007
15589/05 De Franchis, judgment of 06/12/2007, final on 06/03/2008
40191/02 Ducret, judgment of 12/06/2007, final on 12/09/2007
67847/01 Lecarpentier and other, judgment of 14/02/2006, final on 14/05/2006
72038/01 Saint-Adam and Millot, judgments of 02/05/2006, final on 02/08/2006 and of 26/04/2007, final on 26/07/2007 (Article 41)
66018/01 Vezon, judgment of 18/04/2006, final on 13/09/2006
954/05 Chiesi S.A., judgment of 16/01/2007, final on 16/04/2007

20127/03+ Arnolin and others and 24 other cases, judgment of 09/01/2007, final on 09/04/2007
31501/03+ Aubert and others and 8 other cases, judgment of 09/01/2007, final on 23/05/2007
12106/03 SCM Scanner de l’Ouest Lyonnais and others, judgment of 21/06/2007, final on 21/09/2007
65399/01+ Clinique des Acacias and others, judgment of 13/10/2005, final on 13/01/2006
56802/00 Baumet, judgment of 24/07/2007, final on 24/10/2007
9090/06 Blandeau, judgment of 10/07/2008, final on 01/12/2008

      - 5 cases mainly concerning the right of access to a court to challenge search and seizure measures undertaken by the tax authorities

18497/03 Ravon and others, judgment of 21/02/2008, final on 21/05/2008
18603/03 André and others, judgment of 24/07/2008, final on 24/10/2008
18659/05 Kandler and others, judgment of 18/09/2008, final on 18/12/2008
10447/03 Maschino, judgment of 16/10/2008, final on 16/01/2009
2058/04 Société IFB, judgment of 20/11/2008, final on 20/02/2009

- 19 cases against Greece

46355/99 Tsirikakis, judgment of 17/01/02, final on 10/07/02 and of 23/01/03, final on 09/07/03
39725/03 Anastasiadis, judgment of 10/05/2007, final on 10/08/2007
48392/99 Hatzitakis, judgment of 11/04/02, final on 11/07/02
51354/99 Karagiannis and others, judgment of 16/01/03, final on 16/04/03

51356/99 Nastou, judgments of 16/01/03, final on 16/04/03 and of 22/04/04, final on 22/07/04
*16163/02 Nastou No. 2, judgments of 15/07/2005, final on 30/11/2005 and of 05/04/2007, final on 05/07/2007
17305/02 Zacharakis, judgment of 13/07/2006, final on 11/12/2006
50824/99 Azas, judgment of 19/09/02, final on 21/05/03
2531/02 Athanasiou and others, judgment of 09/02/2006, final on 09/05/2006
61582/00 Biozokat A.E., judgment of 09/10/03, final on 09/01/04
55794/00 Efstathiou and Michaïlidis and Cie Motel Amerika, judgment of 10/07/03, final on 10/10/03
58642/00 Interoliva Abee, judgment of 10/07/03, final on 10/10/03
58634/00 Konstantopoulos AE and others, judgment of 10/07/03, final on10/10/03
73836/01 Organochimika Lipasmata Makedonias A.E., judgment of 18/01/2005, final on 18/04/2005
32730/03 Ouzounoglou, judgment of 24/11/2005, final on 24/02/2006
2834/05 Sampsonidis, judgment of 06/12/2007, final on 02/06/2008
55828/00 Satka and others, judgments of 27/03/03, final on 27/06/03 and of 02/03/2006, final on 02/06/2006
15100/06 Pyrgiotakis, judgment of 21/02/2008, final on 29/09/2008
17721/04 Perlala, judgment of 22/02/2007, final on 22/05/2007

- 120 cases against Italy

64088/00 Pilla, judgment of 02/03/2006, final on 02/06/2006
55764/00 Zečiri, judgment of 04/08/2005, final on 04/11/2005

(See Appendix for the list of cases)

- 51 cases against Moldova

    - 4 cases concerning ill-treatment under police custody, lack of effective investigation in this respect (Articles 3 and 13)

18944/02 Corsacov, judgment of 04/04/2006, final on 04/07/2006
41088/05 Boicenco, judgment of 11/07/2006, final on 11/10/2006 and of 10/06/2008, final on 10/09/2008
29089/06 Colibaba, judgment of 23/10/2007, final on 23/01/2008
6888/03 Pruneanu, judgment of 16/01/2007, final on 23/05/2007

      - 6 cases concerning poor conditions of detention and lack of effective remedy in this respect

9190/03 Becciev, judgment of 04/10/2005, final on 04/01/2006
12066/02 Ciorap, judgment of 19/06/2007, final on 19/09/2007
30649/05 Holomiov, judgment of 07/11/2006, final on 07/02/2007
8721/05+ Istratii and others, judgment of 27/03/2007, final on 27/06/2007
7101/06 Malai, judgment of 13/11/2008, final on 13/02/2009
35207/03 Ostrovar, judgment of 13/09/2005, final on 15/02/2006

- 6 cases concerning the quashing of final domestic judgments
19960/04 Popov No. 2, judgment of 06/12/2005, final on 06/03/2006
11712/04 Ceachir, judgment of 15/01/2008, final on 15/04/2008
3052/04 Dacia S.R.L., judgment of 18/03/2008, final on 18/06/2008 and of 24/02/2009, final on 14/09/2009
53773/00 Istrate, judgment of 13/06/2006, final on 13/09/2006
6923/03 Melnic, judgment of 14/11/2006, final on 14/02/2007
30475/03 Moldovahidromas, judgment of 27/02/2007, final on 27/05/2007 and of 13/05/2008 – Friendly settlement

      - 2 cases concerning the violation of the right to a fair trial before the Supreme Court of Justice

289/04+ Popovici, judgment of 27/11/2007, final on 02/06/2008
25236/02 Navoloaca, judgment of 16/12/2008, final on 16/03/2009

      - 3 cases concerning the violation of the right of access to a court due to the refusal by tribunals to examine appeals for lack of payment of court fees

13229/04 Clionov, judgment of 09/10/2007, final on 09/01/2008
28790/03 Istrate No. 2, judgment of 10/06/2008, final on 10/09/2008
27888/04 Tudor-Comert, judgment of 04/11/2008, final on 04/02/2009

- 8 cases concerning freedom of expression
31001/03 Flux No. 2, judgment of 03/07/2007, final on 03/10/2007
28702/03 Flux, judgment of 20/11/2007, final on 20/02/2008
32558/03 Flux No. 3, judgment of 12/06/2007, final on 12/09/2007
17294/04 Flux No. 4, judgment of 12/02/2008, final on 12/05/2008
17343/04 Flux No. 5, judgment of 01/07/2008, final on 01/10/2008
28700/03 Flux and Samson, judgment of 23/10/2007, final on 23/01/2008
36305/03 Tara and Poiata, judgment of 16/10/2007, final on 16/01/2008
42864/05 Timpul Info-Magazin and Anghel, judgment of 27/11/2007, final on 02/06/2008

- 2 cases concerning freedom of assembly
28793/02 Christian Democratic People's Party (CDPP), judgment of 14/02/2006, final on 14/05/2006
25230/02+ Roşca, Secăreanu and others judgment of 27/03/2008, final on 27/06/2008

- 3 cases of length of civil proceedings
13012/02 Cravcenco, judgment of 15/01/2008, final on 15/04/2008
27581/04 Boboc, judgment of 04/11/2008, final on 04/02/2009
35967/03 Gusovschi, judgment of 13/11/2007, final on 31/03/2008

41578/05 David, judgment of 27/11/2007, final on 27/02/2008
20289/02 Guţu, judgment of 07/06/2007, final on 07/09/2007
35615/06 Cebotari, judgment of 13/11/207, final on 13/02/2008
39806/05 Paladi, judgment of 10/03/2009 – Grand Chamber
17332/03 Levinta, judgment of 16/12/2008, final on 16/03/2009
81/04 Savitchi, judgment of 17/06/2008, final on 17/09/2008
36492/02 Bujnita, judgment of 16/01/2007, final on 16/04/2007
40663/98 Asito, judgment of 08/11/2005, final on 08/02/2006, and judgment of 24/04/2007 (Article 41) - Friendly settlement
17211/03 Dolneanu, judgment of 13/11/2007, final on 13/02/2008
32263/03 Tocono and Profesorii Prometeişti, judgment of 26/06/2007, final on 26/09/2007
33066/04 Mancevschi, judgment of 07/10/2008, final on 07/01/2009
41827/02 Kommersant Moldovy, judgment of 09/01/2007, final on 09/04/2007
14277/04 Guja, judgment of 12/02/2008 – Grand Chamber
19247/03 Balan, judgment of 29/01/2008, final on 29/04/2008
40117/02 Cazacu, judgment of 23/10/2007, final on 23/01/2008
15084/03 Bimer S.A., judgment of 10/07/2007, final on 10/10/2007
21151/04 Megadat.com SRL, judgment of 08/04/2008, final on 08/07/2008

- 2 cases against Portugal

10418/03 Panasenko, judgment of 22/07/2008, final on 22/10/2008
35228/03 Bogumil, judgment of 07/10/2008, final on 06/04/2009

- 20 cases against Romania

29556/02 Driha, judgment of 21/02/2008, final on 21/05/2008
23887/03 Bălăucă, judgment of 13/01/2009, final on 13/04/2009
26852/03 Bizau, judgment of 27/01/2009, final on 27/04/2009
8027/03 Bozian, judgment of 13/01/2009, final on 13/04/2009
13480/03 Gavriş, judgment of 08/01/2009, final on 08/04/2009
26845/03 Gologus, judgment of 27/01/2009, final on 27/04/2009
26842/03 Mihai, judgment of 04/11/2008, final on 04/02/2009
26841/03 Onofrei, judgment of 13/11/2008, final on 13/02/2009
26839/03 Poppov, judgment of 13/11/2008, final on 13/02/2009
26838/03 Radu Aurel, judgment of 04/11/2008, final on 04/02/2009
26837/03 Ranete, judgment of 13/11/2008, final on 13/02/2009
26831/03 Ţară Lungă, judgment of 08/07/2008, final on 08/10/2008
1578/03 Tehleanu, judgment of 16/09/2008, final on 16/12/2008
26833/03 Vasiliu Iancu Alexandru, judgment of 04/11/2008, final on 04/02/2009
26834/03 Vasui, judgment of 04/11/2008, final on 04/02/2009
26835/03 Zaharia, judgment of 04/11/2008, final on 04/02/2009
26832/03 Zăinescu, judgment of 23/09/2008, final on 23/12/2008
33065/03 Samoilă and Cionca, judgment of 04/03/2008, final on 04/06/2008
29723/03 Lapusan, judgment of 3/06/2008, final on 3/09/2008
42084/02 Vitan, judgment of 25/03/2008, final on 01/12/2008

- 54 cases against the Russian Federation

      - 2 cases mainly concerning the unlawfulness of the applicant’s detention in a mental hospital

58973/00 Rakevich, judgment of 28/10/03, final on 24/03/04
34449/03 Shulepova, judgment of 11/12/08, final on 11/03/2009

32718/02 Tuleshov and others, judgment of 24/05/2007, final on 12/11/2007

      - 2 cases concerning the unfairness of certain criminal proceedings due to courts’ failure to appoint counsel for the applicants

15435/03 Shulepov, judgment of 26/06/2008, final on 01/12/2008
40631/02 Timergaliyev, judgment of 14/10/2008, final on 14/01/2009

      - 2 cases mainly concerning the violation of the right to a fair trial on account of the recharacterisation of the charges against the applicants at a late stage

19692/02 Seliverstov, judgment of 25/09/2008, final on 25/12/2008
10709/02 Abramyan, judgment of 09/10/2008, final on 09/01/2009

      - 2 cases concerning the violation of the right to a fair trial since the applicants’ cases were not determined by a tribunal established by law

73225/01 Fedotova, judgment of 13/04/2006, final on 13/09/2006
26716/03 Barashkova, judgment of 29/04/2008, final on 29/07/2008

5433/02 Shabanov and Tren, judgment of 14/12/2006, final on 14/03/2007

66941/01 Zagorodnikov, judgment of 07/06/2007, final on 07/09/2007

      - 3 cases concerning the failure to summons the accused in criminal supervisory-review proceedings

53203/99 Vanyan, judgment of 15/12/2005, final on 15/03/2006
66041/01 Aldoshkina, judgment of 12/10/2006, final on 12/01/2007
54632/00 Zhukov Stanislav, judgment of 12/10/2006, final on 12/01/2007

67099/01 Solodyuk, judgment of 12/07/05, final on 30/11/05

    - 13 cases concerning violation of the right of access to a court or to fair trial due to the belated notification of a procedural act in civil or criminal proceedings

23377/02 Mokrushina, judgment of 05/10/2006, final on 12/02/2007
70142/01 Dunayev, judgment of 24/05/2007, final on 24/08/2007
75893/01 Fokin, judgment of 18/09/2008, final on 18/12/2008
3354/02 Gorbachev, judgment of 15/02/2007, final on 15/05/2007
12377/03 Kabkov, judgment of 17/07/2008, final on 17/10/2008
74286/01 Larin and Larina, judgment of 07/06/2007, final on 07/09/2007
34489/05 Litvinova, judgment of 14/11/2008, final on 14/02/2009
33132/02 Metelitsa, judgment of 22/06/2006, final on 23/10/2006
8630/03 Prokopenko, judgment of 03/05/2007, final on 03/08/2007
1385/04 Sazonov, judgment of 16/10/2008, final on 16/01/2009
4537/04 Sidorova, judgment of 14/02/2008, final on 14/05/2008
6857/02 Stadukhin, judgment of 18/10/2007, final on 18/01/2008
837/03 Subbotkin, judgment of 12/06/2008, final on 12/09/2008

      - 13 cases mainly concerning quashing of final judgments on the basis of newly discovered circumstances

69529/01 Pravednaya, judgment of 18/11/2004, final on 30/03/2005
69524/01 Bulgakova, judgment of 18/01/2007, final on 18/04/2007 and of 10/06/2008 – Friendly settlement
69533/01 Kondrashina, judgment of 19/07/2007, final on 30/01/2008
73294/01 Kumkin and others, judgment of 05/07/2007, final on 30/01/2008
67579/01 Kuznetsova, judgment of 07/06/2007, final on 12/11/2007
944/02 Levochkina, judgment of 05/07/2007, final on 31/03/2008
76676/01 Maltseva, judgment of 19/06/2008, final on 19/09/2008
852/02 Smirnitskaya and others, judgment of 05/07/2007, final on 31/03/2008
11589/04 Tetsen, judgment of 03/04/2008, final on 03/07/2008
25580/02 Vedernikova, judgment of 12/07/2007, final on 31/03/2008
842/02 Volkova and Basova, judgment of 05/07/2007, final on 31/03/2008
77478/01 Yerogova, judgment of 19/06/2008, final on 19/09/2008
560/02 Zhukov Nikolay, judgment of 05/07/2007, final on 31/03/2008

49790/99 Trubnikov, judgment of 05/07/2005, final on 30/11/2005
59261/00 Menesheva, judgment of 09/03/2006; final on 09/06/2006
63993/00 Romanov, judgment of 20/10/2005, final on 20/01/2006
5140/02 Fedotov, judgment of 25/10/2005, final on 25/01/2006
CM/Inf/DH(2006)19rev3 and CM/Inf/DH(2006)45
35421/05 Mechenkov, judgment of 07/02/2008, final on 07/07/2008
26853/04 Popov, judgment of 13/07/2006, final on 11/12/2006
13769/04 Makeyev, judgment of 05/02/2009, final on 05/05/2009
30997/02 Polufakin and Chernyshev, judgment of 25/09/2008, final on 26/01/2009
77018/01 Polyakov, judgment of 29/01/2009, final on 29/04/2009
41461/02 Romanov Vladimir, judgment of 24/08/2008, final on 26/01/2009
1111/02 Trofimov, judgment of 4/12/2008, final on 4/03/2009
44009/05 Shtukaturov, judgment of 27/03/2008, final on 27/06/2008
78146/01 Vlasov, judgment of 12/06/2008, final on 12/09/2008

- 8 cases against Ukraine

48553/99 Sovtransavto Holding, judgment of 25/07/02, final on 06/11/02 and judgment of 02/10/03, final on 24/03/04 (Article 41), Interim Resolution ResDH(2004)14
63158/00 Timotiyevich, judgment of 08/11/2005, final on 08/02/2006
22603/02 Ukraine-Tyumen, judgment of 22/11/2007, final on 22/02/2008
11370/02 Vasilyev, judgment of 21/06/2007, final on 24/09/2007, rectified on 24/09/2007.

- 3 cases concerning lack of independence and/or impartiality of judiciary
65518/01 Salov, judgment of 06/09/2005, final on 06/12/2005
33949/02 Belukha, judgment of 09/11/2006, final on 09/02/2007
4063/04 Marchenko, judgment of 19/02/2009, final on 19/05/2009

803/02 Intersplav, judgment of 09/01/2007, final on 23/05/2007

3. agreed to postpone to their 1092nd meeting in 2010 (September 2010) (DH) the following items placed on the draft annotated Agendas of their 1072nd meeting (DH):

- 72 cases against Bulgaria

45950/99 Djangozov, judgment of 08/07/2004, final on 08/10/2004
56793/00 Babichkin, judgment of 10/08/2006, final on 10/11/2006
47829/99 Dimitrov, judgment of 23/09/2004, final on 23/12/2004
15154/02 Givezov, judgment of 22/05/2008, final on 22/08/2008, rectified on 30/09/2009
62722/00 Gospodinov, judgment of 10/05/2007, final on 10/08/2007
58497/00 Hadjibakalov, judgment of 08/06/2006, final on 08/09/2006
9143/02 Jeliazkov and others, judgment of 03/04/2008, final on 03/07/2008
55350/00 Kambourov, judgment of 14/02/2008, final on 14/05/2008
60939/00 Karcheva and Shtarbova, judgment of 28/09/2006, final on 28/12/2006
74487/01 Kavalovi, judgment of 17/01/2008, final on 17/04/2008
44626/98 Kiurkchian, judgment of 24/03/2005, final on 24/06/2005
76763/01 Kostova, judgment of 03/05/2007, final on 03/08/2007
9161/02 Kouncheva, judgment of 03/07/2008, final on 03/10/2008
57641/00 Kovacheva and Hadjiilieva, judgment of 29/03/2007, final on 29/06/2007
29802/02 Krastev, judgment of 24/07/2008, final on 01/12/2008
77147/01 Kuiyumdjiyan, judgment of 24/05/2007, final on 24/08/2007
50954/99 Maslenkovi, judgment of 08/11/2007, final on 02/06/2008
69316/01 Merdzhanov, judgment of 22/05/2008, final on 22/08/2008
72855/01 Parashkevanova, judgment of 03/05/2007, final on 03/08/2007
47877/99 Rachevi, judgment of 23/09/2004, final on 23/12/2004
16880/02 Sheremetov, judgment of 22/05/2008, final on 22/08/2008
59523/00 Simizov, judgment of 18/10/2007, final on 18/01/2008
58828/00 Stefanova, judgment of 11/01/2007, final on 11/04/2007
31036/02 Todev, judgment of 22/05/2008, final on 22/08/2008, rectified on 8/09/2008
39832/98 Todorov Nikolai Petkov, judgment of 18/01/2005, final on 18/04/2005
55956/00 Vatevi, judgment of 28/09/2006, final on 28/12/2006

37104/97 Kitov, judgment of 03/04/03, final on 03/07/03
35825/97 Al Akidi, judgment of 31/07/03, final on 31/10/03 rectified on 16/10/03
61662/00 Angelov Vasil, judgment of 12/04/2007, final on 12/07/2007
61596/00 Atanasov and Ovcharov, judgment of 17/01/2008, final on 17/04/2008
72001/01 Atanasova, judgment of 02/10/2008, final on 02/01/2009
70843/01 Balabanov, judgment of 03/07/2008, final on 03/10/2008
39270/98 Belchev, judgment of 08/04/2004, final on 08/07/2004
50401/99 Dimitrov Vasko Yordanov, judgment of 03/05/2006, final on 03/08/2006
56762/00 Dimov, judgment of 08/03/2007, final on 08/06/2007
23057/03 Dinchev, judgment of 22/01/2009, final on 22/04/2009
68356/01 Doinov, judgment of 27/09/2007, final on 27/12/2007
43231/98 E.M.K., judgment of 18/01/2005, final on 18/04/2005
44062/98 Hamanov, judgment of 08/04/2004, final on 08/07/2004
35436/97 Hristov, judgment of 31/07/03, final on 31/10/2003
32461/02 Hristov Ivan, judgment of 20/03/2008, final on 20/06/2008
36244/02 Hristov Stoine No. 2, judgment of 16/10/2008, final on 16/01/2009
67189/01 Ivanov, judgment of 24/05/2007, final on 12/11/2007
49163/99 Kalpachka, judgment of 02/11/2006, final on 02/02/2007
65051/01 Karagyozov, judgment of 25/10/2007, final on 25/01/2008
76965/01 Karmo, judgment of 06/12/2007, final on 06/03/2008
45964/99 Karov, judgment of 16/11/2006, final on 26/03/2007
50326/99 Kolev, judgment of 28/04/2005, final on 28/07/2005
30380/03 Lisev, judgment of 26/02/2009, final on 26/05/2009
71605/01 Mirchev and others, judgment of 27/11/2008, final on 27/02/2009
58775/00 Mladenov, judgment of 12/10/2006, final on 12/01/2007
43428/02 Myashev, judgment of 08/01/2009, final on 08/04/2009
38106/02 Nalbantova, judgment of 27/09/2007, final on 27/12/2007
44241/98 Nedyalkov, judgment of 03/11/2005, final on 03/02/2006
40896/98 Nikolova No. 2, judgment of 30/09/2004, final on 30/12/2004
54178/00+ Osmanov and Yuseinov, judgment of 23/09/2004, final on 23/12/2004
50358/99 Pekov, judgment of 30/03/2006, final on 30/06/2006
48137/99 Popov, judgment of 01/12/2005, final on 01/03/2006
56337/00 Rezov, judgment of 15/02/2007, final on 15/05/2007
37355/97 S.H.K., judgment of 23/10/03, final on 23/01/04
55057/00 Sidjimov, judgment of 27/01/2005, final on 27/04/2005
58733/00 Sodadjiev, judgment of 05/10/2006, final on 05/01/2007
62594/00 Terziev, judgment of 12/04/2007, final on 12/07/2007
56308/00 Toshev, judgment of 10/08/2006, final on 10/11/2006
42987/98 Vachev, judgment of 08/07/2004, final on 08/10/2004
72636/01 Valkov, judgment of 08/01/2009, final on 08/04/2009
59913/00 Vasilev, judgment of 02/02/2006, final on 02/05/2006
61257/00 Vasilev and others, judgment of 08/11/2007, final on 08/02/2008
70728/01 Yankov No. 2, judgment of 07/02/2008, final on 07/05/2008
45563/99 Zhbanov, judgment of 22/07/2004, final on 22/10/2004

42908/98+ Kirilova and others, judgments of 09/06/2005, final on 09/09/2005 and of 14/06/2007, final on 14/09/2007 (Article 41)
21352/02 Lazarov, judgment of 22/05/2008, final on 22/08/2008

- 3 cases against Italy

      - 3 cases concerning de facto expropriation on account of the authorities' refusal to allow the applicants to build on their land on the basis of expropriation orders which had expired more than 20 years before

37710/97 Elia S.r.l., judgment of 02/08/2001, final on 02/11/2001 and of 22/07/2004, final on 22/10/2004
27265/95 Terazzi S.A.S., judgment of 17/10/2002, final on 21/05/2003 and du 26/10/2004, final on 26/01/2004
36815/97 Scordino No. 2, judgment of 15/07/2004, final on 15/10/2004

- 10 cases against Romania

12338/02 Hussain, judgment of 14/02/2008, final on 14/05/2008
69273/01 Galliani, judgment of 10/06/2008, final on 10/09/2008
33343/96 Pantea, judgment of 03/06/03, final on 03/09/03
29761/02 Tase, judgment of 10/06/2008, final on 10/09/2008
22383/03 L.Z., judgment of 03/02/2009, final on 03/05/2009
42250/02 Calmanovici, judgment of 01/07/2008, final on 01/10/2008, rectified on 10/02/2009
3584/02 Tarău, judgment of 24/02/2009, final on 24/05/2009
62710/00 Lungoci, judgment of 26/01/2006, final on 26/04/2006
9293/03 Bacso, judgment of 04/11/2008, final on 04/02/2009
78037/01 Caracas, judgment of 29/06/2006, final on 11/12/2006

1072nd DH meeting – 3 December 2009
Item c

Item c. Preparation of the next meeting (DH)
(1078th meeting, 2-4 March 2010)

Decisions

The Deputies,

1. approved the preliminary draft Agenda of their 1078th meeting (March 2010 (DH)), as it appears below;

2. approved the following time-table for the preparation of the meeting:

    a. a list of new items for consideration at the 1078th meeting will be issued in the “Preliminary list of items for consideration at the 1078th meeting”;

    b. Delegations wishing to provide information concerning the items appearing on the preliminary agenda for the 1078th meeting are invited to make such information available to the Secretariat before 8 January 2010;

    c. in principle, new judgments of the Court for which the Secretariat has received confirmation that they are final on or before 1 January 2010 will be added and Section 2 (together with the draft decisions) will be placed on the Committee of Ministers’ Internet site on 1 February 2010;

    d. Sections 4.1 (together with the draft decisions) and 4.3 (together with the draft decisions), will be placed on the Committee of Ministers’ Internet site on 5 February 2010;

    e. the order of business will be placed on the Committee of Ministers’ Internet site on 16 February 2010;

    f. Sections 4.2, 5, 6, 1 and General Questions (together with the draft decisions), will be placed on the Committee of Ministers’ Internet site on 23 February 2010 and the accompanying addenda will be distributed shortly afterwards.

* * *

1072nd DH meeting – 3 December 2009

Item d

Measures to improve the execution of the judgments of the European Court of Human Rights
- Steering Committee for Human Rights (CDDH): Practical proposals for the supervision of execution of judgments of the Court in situations of slow execution (CM(2009)7 Appendix 2)
CM/Inf/DH(2009)29rev Action Plans – Action Reports Definitions and objectives
DD(2009)462 Collaborative space (share)

Decision

The Deputies decided to resume consideration of this item at their 1078th meeting (March 2010) (DH).

* * *

1072nd DH meeting – 3 December 2009
Item e

Supervision of the execution of judgments of the European Court of Human Rights –
Draft annual report 2009 CM/Inf/DH(2009)44
DD(2009)604

Decisions

The Deputies,

1. took note of the preliminary draft annual report appearing in DD(2009)604 and in particular of the appended road-map containing deadlines which need to be observed in order that the final draft is available for the 1078th meeting;

2. decided to examine the final draft annual report at their 1078th meeting (March 2010) with a view to its adoption and subsequent publication in accordance with modalities yet to be agreed.

* * *

1072nd DH meeting –3 December 2009
Section 4.3

- 1 case against Turkey

25781/94 Cyprus against Turkey, judgment of 10/05/01 – Grand Chamber

Interim Resolutions ResDH(2005)44 and CM/ResDH(2007)25

Decisions

The Deputies,

Concerning the question of missing persons:

1. took note with satisfaction of the information provided by the Turkish authorities on progress of the work of the CMP and, in particular, on the measures taken to promote its acceleration;

2. encouraged the Turkish authorities to take concrete measures to ensure the CMP’s access to all relevant information and places, without impeding the confidentiality which is essential to the carrying-out of its mandate;

3. reiterated the importance of preserving all the data obtained during the Programme of Exhumation and Identification carried out by the CMP;

4. invited the Turkish authorities to inform them already now of the concrete measures that they could envisage in continuity with the CMP’s work with a view to the effective investigations required by the judgment;

5. decided to resume consideration of this question at their 1078th meeting (March 2010) (DH);

Concerning the property rights of displaced persons

6. recalled that the European Court is currently seised of the question of the effectiveness of the mechanism of restitution, exchange and compensation established in the northern part of Cyprus and considered that the Court’s conclusions on this point might be decisive for the examination of this question;

7. recalled that in the meantime it is important that all possibilities of settlement offered by the mechanism, in particular on restitution of property, are preserved (protective measures);

8. noted with interest, in this context, the very recent information submitted by the Turkish authorities in response to the invitation made by the Committee during the latest examination of this case to provide information “highlighting in particular all legal and practical consequences of the introduction of an application before the “Immovable Property Commission” concerning restitution of property” and noted that this information requires detailed examination;

9. firmly recalled, in this same context, their invitation to the Turkish authorities to provide information on the questions raised in the information document CM/Inf/DH(2008)6/5;

10. decided to resume consideration of the issues of protective measures at their 1078th meeting (March 2010) (DH).

* * *

1072nd DH meeting –3 December 2009
Section 4.3

- 1 case against Turkey

46347/99 Xenides-Arestis, judgments of 22/12/2005, final on 22/03/2006 and of 07/12/2006, final on 23/05/2007
CM/Inf/DH(2007)19, Interim Resolution CM/ResDH(2008)99, DD(2009)540

Decisions

The Deputies,

1. recalled that last October the Chairman of the Committee of Ministers sent a letter to his Turkish counterpart informing him of the Committee’s continuing concern relating to the lack of information on the payment of the sums awarded for just satisfaction by the judgment of the European Court of 7 December 2006, and emphasising the Turkish authorities’ obligation to pay these sums without further delay, including the default interest due;

2. regretted that this letter remains unanswered to date;

3. instructed the Secretariat to prepare a draft Interim Resolution for the next examination of this case, unless the Turkish authorities provide by then relevant information on the steps taken towards payment of the above mentioned just satisfaction;

4. decided to resume consideration of this item at their 1078th meeting (March 2010) (DH).

* * *

1072nd DH meeting –3 December 2009
Section 4.3

- 4 cases against Turkey

28490/95 Hulki Güneş, judgment of 19/06/03, final on 19/09/03

72000/01 Göçmen, judgment of 17/10/2006, final on 17/01/2007
46661/99 Söylemez, judgment of 21/09/2006, final on 21/12/2006
25060/02+ Erdal Aslan, judgment of 02/12/2008, final on 02/03/2009

Decisions

The Deputies,

1. welcomed the information provided by the Turkish authorities that the draft law allowing the reopening of proceedings in the applicants’ cases is before Parliament for adoption;

2. took note with satisfaction that the Turkish Government would accord priority to this piece of legislation and invited the Turkish authorities to keep the Committee of Ministers informed about the developments concerning its adoption;

3. encouraged the Turkish authorities to take the necessary measures to ensure that the draft law when adopted is applied in conformity with Recommendation Rec(2000)2 of the Committee of Ministers on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights;

4. decided to resume consideration of these items at their 1078th meeting (March 2010) (DH), in the light of further information to be provided.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 1 case against Azerbaijan

34445/04 Mammadov (Jalaloglu), judgment of 11/01/2007, final on 11/04/2007

Decisions

The Deputies,

1. as regards individual measures, regretted that nearly one year after the investigation in Mr. Mammadov’s complaint for ill-treatment has been resumed, no information on the developments of this investigation was made available to the Committee of Ministers and called upon the Azerbaijani authorities to provide detailed information on this issue;

2. took note, as regards general measures, of the information concerning the draft law on the rights and freedoms of individuals kept in detention, which remains to be assessed, and invited the Azerbaijani authorities and the Secretariat to keep the Committee informed of any modification of this draft, in particular concerning access to a lawyer, medical supervision, contacts with relatives and the remedies available to complain of violations of the rights provided for in this draft law;

3. took note of the information provided at the meeting by the Azerbaijani delegation and recalled that detailed information on the legislative and regulatory provisions applicable in case of allegations of ill-treatment, including in police custody, is awaited as well as concrete examples of implementation of these provisions;

4. decided to resume consideration of this item at the latest at their 1086th meeting (June 2010) (DH), in the light of information to be provided on individual and general measures.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 127 cases against Poland

- 127 cases of length of detention on remand
Interim Resolution CM/ResDH(2007)75
(see Appendix for the list of cases in the Trzaska and Kauczor group)

Decisions

The Deputies,

1. welcomed the information provided by the authorities on the legislative reforms, the monitoring of proceedings concerning accused persons detained on remand and on the recent statistics;

2. noted with interest that the downward trend in the number of detentions on remand ordered by domestic courts and in the number of detentions on remand lasting over 2 years, observed in 2008, was confirmed for the first half of 2009;

3. recalled nevertheless that the problem of excessive length of detention on remand is of a systemic nature and noted with concern the increased number of judgments of the European Court finding violations of Article 5§3 in respect of Poland;

4. encouraged the Polish authorities to continue their efforts to reduce the excessive length of detention on remand and invited them to provide an action plan on further possible general measures to be taken in this context;

5. decided to resume consideration of these items at the latest at their 1092nd meeting (September 2010) (DH), in the light of information to be provided on additional general measures and on individual measures, if need be.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 254 cases against Poland

      - 46 cases mainly concerning the length of criminal proceedings and the lack of an effective remedy

Interim Resolution CM/ResDH(2007)28
30210/96 Kudła, judgment of 26/10/00 - Grand Chamber
34220/96 A.W., judgment of 24/06/2004, final on 10/11/2004
28836/04 Abramczyk, judgment of 12/06/2007, final on 12/09/2007
8174/02 Amurchanian, judgment of 19/06/2007, final on 19/09/2007
72999/01 Andrzejewski, judgment of 17/10/2006, final on 12/02/2007
43316/98 B.R., judgment of 16/09/03, final on 16/12/03
7870/04 Bąk, judgment of 16/01/2007, final on 16/04/2007
60299/00 Bogacz, judgment of 09/05/2006, final on 09/08/2006
21340/04 Borowski, judgment of 17/07/2008, final on 17/10/2008
49035/99 Bzdyra, judgment of 15/11/2005, final on 15/02/2006
15067/02 Czajka, judgment of 13/02/2007, final on 13/05/2007
48247/06 Dublas, judgment of 07/10/2008, final on 07/01/2009
39712/05 Dudek Janusz, judgment of 13/01/2009, final on 13/04/2009
2983/02 Dzierżanowski, judgment of 27/06/2006, final on 27/09/2006
13893/02 Golik, judgment of 28/11/2006, final on 23/05/2007
47986/99 Gossa, judgment of 09/01/2007, final on 09/04/2007
25413/04 Hołowczak, judgment of 04/03/2008, final on 04/06/2008
25196/94 Iwánczuk, judgment of 15/11/01, final on 15/02/02
59738/00 Jagiełło, judgment of 23/01/2007, final on 23/04/2007
30072/04 Kozłowski Stefan, judgment of 22/04/2008, final on 22/07/2008
40387/06 Krawczak, judgment of 08/04/2008, final on 08/07/2008
35615/03 Krzych and Gurbierz, judgment of 13/02/2007, final on 09/07/2007
37443/97 Lisiak, judgment of 05/11/02, final on 05/02/03
10838/02 Maciej, judgment of 27/02/2007, final on 27/05/2007
15154/03 Malikowski, judgment of 16/10/2007, final on 16/01/2008
7224/04 Naus, judgment of 16/09/2008, final on 16/12/2008
64218/01 Niewiadomski, judgment of 26/09/2006, final on 26/12/2006
13732/03 Osiński, judgment of 16/10/2007, final on 16/01/2008
38663/97 Panek, judgment of 08/01/04, final on 08/04/04
46887/06 Pawlak Leszek, judgment of 16/12/2008, final on 16/03/2009
5650/02 Piątkowski, judgment of 17/10/2006, final on 17/01/2007
66463/01 Pielasa, judgment of 30/01/2007, final on 30/04/2007
28633/02 Popławski, judgment of 29/01/2008, final on 29/04/2008
28492/04 Ratusznik, judgment of 06/11/2007, final on 06/02/2008
25668/03 Sienkiewicz Adam, judgment of 27/05/2008, final on 01/12/2008
42096/98 Skawińska, judgment of 16/09/03, final on 24/03/04
31397/03 Stanclik, judgment of 15/01/2008, final on 15/04/2008
6880/02 Stasiów, judgment of 12/12/2006, final on 12/03/2007
21105/06 Szklarska, judgment of 17/07/2008, final on 17/10/2008
1326/04 Szydlowski, judgment of 16/10/2007, final on 16/01/2008
20315/04 Wierzba, judgment of 13/11/2008, final on 13/02/2009
55233/00 Wojda, judgment of 08/11/2005, final on 08/02/2006
46002/99 Wróbel, judgment of 20/07/2004, final on 15/12/2004
9382/05 Żelasko, judgment of 04/03/2008, final on 04/06/2008
14357/03 Zoń, judgment of 16/10/2007, final on 16/01/2008
25728/05 Zwoźniak, judgment of 13/11/2007, final on 13/02/2008
CM/Inf/DH(2004)31

- 208 cases of length of proceedings before civil and labour courts
Interim Resolution CM/ResDH(2007)28
(see Appendix for the list of cases in the Podbielski group)

Decisions

The Deputies,

1. welcomed the ongoing reform of the Criminal Code, Code of Criminal Procedure, Code of Execution of Criminal Sentences and Code of Civil Procedure, as well as of the Criminal Fiscal Code, with a view to accelerating and simplifying procedures;

2. noted with interest the amendments to the Code of Civil Procedure, envisaged to the same end;

3. recalled that the problem of excessive length of judicial proceedings in Poland is of a systemic nature and noted with concern that the increased influx of new criminal and civil cases has resulted in the fact that the domestic judicial backlog has not decreased considerably;

4. invited the Polish authorities to continue carrying out their thorough reflection on a solution to this structural problem and to provide an action plan on additional measures envisaged;

5. decided to resume consideration of these items at the latest at their 1092nd meeting (September 2010) (DH), in the light of information to be provided on additional general measures and on individual measures, if need be.

* * *

1072nd DH meeting –3 December 2009
Section 4.3

- 208 cases against the Russian Federation

33509/04 Burdov No. 2, judgment of 15/01/2009, final on 04/05/2009

- 207 cases concerning the failure or substantial delay by the administration or state companies in abiding by final domestic judgments
(See Appendix for the list of cases in the Timofeyev group)

Decisions

The Deputies,

1. adopted Interim Resolution CM/ResDH(2009)158 as it appears in the Volume of Resolutions;

2. decided to resume consideration of this group of cases at the 1078th meeting (March 2010) (DH) in the light of the information to be provided on individual and general measures.

* * *

1072nd DH meeting –3 December 2009
Section 4.3

- 71 cases against the Russian Federation

- 71 cases concerning security forces in the Chechen Republic
CM/Inf/DH(2006)32rev2, CM/Inf/DH(2008)33, CM/Inf/DH(2008)33add CM/Inf/DH(2009)32
(See Appendix for the list of cases in the Khashiyev and Akayeva group)

Decisions

The Deputies,

1. took note of the information provided on the results of the bilateral consultations between the Secretariat and the competent Russian authorities and encouraged them to continue these consultations on the outstanding issues;

2. decided to resume consideration of these cases at their 1078th meeting (March 2010) (DH), in particular in the light of an up-dated version of the Memorandum CM/Inf/DH(2008)33 to be prepared by the Secretariat and in the light of the information to be provided by the authorities on the impact of the general measures taken on certain individual cases.

* * *

1072nd DH meeting –3 December 2009
Section 2.1

- 1 case against Moldova

*476/07+ Olaru and others, judgment of 28/07/2009, final on 28/10/2009

Decisions

The Deputies,

1. took note of the information provided on various measures which are being taken and envisaged by the Moldovan authorities to comply with the pilot judgment of the Court;

2. stressed the importance of timely compliance with the pilot judgment and called upon all Moldovan authorities to give priority to finding appropriate solutions in order to provide adequate and sufficient redress to all persons in the applicants’ situation within the time-limits set by the Court;

3. noted the information provided by the Moldovan authorities to the effect that they appealed for possible financial support for the proper execution of the measures required by the pilot judgment to the Council of Europe Development Bank and to other international financial institutions;

4. took note in this respect of the bilateral consultations to be held in Chisinau on 10-11 December 2009 on the different issues raised by the pilot judgment;

5. decided to resume consideration of this case at their 1078th meeting (March 2010) (DH) to assess the progress achieved in the implementation of the above general measures possibly on the basis of a draft Interim Resolution to be prepared by the Secretariat;

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 2 cases against Albania

10508/02 Gjonbocari and others, judgment of 23/10/2007, final on 31/03/2008
3738/02 Marini, judgment of 18/12/2007, final on 07/07/2008

Decisions

The Deputies,

1. welcomed the extensive information provided by the Albanian authorities at the meeting with respect to general measures, covering most of the violations established by the European Court in these cases;

2. noted the extensive information related to the measures planned to accelerate judicial proceedings and to improve the execution of judgments in civil cases, and encouraged the authorities to continue their efforts to find adequate solutions to these problems, in particular through further improved training programs;

3. noted that the Constitutional Court had taken practical measures to avoid new exceptional situations of tied votes or when a proposal fails to attract a majority of votes, but encouraged nevertheless the further reflection on additional measures and the necessity of amendments to the law concerning the Constitutional Court;

4. underlined the importance of ensuring, without further delay, the provision of domestic remedies in conformity with Article 13 of the European Convention in respect of excessive length of judicial proceedings,

5. noted with interest in this connection the information provided concerning recent developments in the case-law of the Constitutional Court, according to which it considers itself competent to examine requests for redress in respect of excessively lengthy enforcement proceedings;

6. encouraged the development of this case-law as well as, to the extent necessary, the prompt adoption of legislative measures, so as to ensure the provision of rapid acceleratory and / or compensatory redress in all situations in which parties have not obtained final judgments within a reasonable time;

7. noted, concerning individual measures in the Gjonbocari case, that the Local Land Commission had now implemented the Supreme Court’s judgment as required by the judgment of the European Court, but recalled that the violations also related to the length of the proceedings and requested accordingly information on the measures taken further to accelerate the proceedings which were still pending;

8. noted that the information provided merited careful examination and decided to resume consideration of these items at the latest at their 1086th meeting (June 2010) (DH), in the light of the results of this examination and possible further information to be provided on individual and general measures adopted or envisaged.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 1 case against Albania

37959/02 Xheraj, judgment of 29/07/2008, final on 01/12/2008

Decisions

The Deputies,

1. deplored the lack of information on measures adopted or envisaged to execute this judgment;

2. urged the Albanian authorities to withdraw the extradition request and to ensure and to confirm, without further delay, the applicant's final acquittal and the erasure of his conviction from his criminal record in compliance with the European Court judgment;

3. invited in this context the authorities to examine rapidly the possibilities of confirming the applicant’s acquittal through a new an appeal out of time;

4. urged the authorities to provide the necessary information on individual and general measures adopted or envisaged;

5. decided to resume consideration of these items at the latest at their 1086th meeting (June 2010) (DH), in the light of information to be provided on individual and general measures adopted or envisaged, and in the light of an assessment of the state of the execution of this judgment.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 2 cases against Bulgaria

      - 2 cases mainly concerning the lack of effective investigation into death or alleged ill-treatment inflicted by private individuals

55523/00 Angelova and Iliev, judgment of 26/07/2007, final on 26/10/2007
72663/01 Dimitrov Nikolay, judgment of 27/09/2007, final on 27/12/2007

Decisions

The Deputies,

1. took note of the information provided recently by the Bulgarian authorities on the development in the criminal proceedings against the alleged assailants of the applicants’ relative in the case of Angelova and Iliev; noted that this information remains to be studied in detail;

2. noted the information provided at the meeting on individual measures in the case of Nikolay Dimitrov, and invited the authorities to submit it in writing and to keep the Committee informed of any development in this matter;

3. took note of the information provided by the authorities, including at the meeting, on general measures and, in particular, on the publication of the European Court’s judgments in these cases and on the training activities organised by the National Institute for Justice;

4. recalled in this respect that an action plan and/or an action report is expected from the authorities for the execution of the European Court’s judgments in these cases;

5. decided to resume consideration of these cases at the latest at their 1086th meeting (June 2010) (DH), in the light of the assessment of the information provided, as well as of further information to be provided by the authorities.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 2 cases against the Czech Republic

23499/06 Havelka and others, judgment of 21/06/2007, final on 21/09/2007
23848/04 Wallová and Walla, judgment of 26/10/2006, final on 26/03/2007

Decisions

The Deputies,

1. recalled that in these cases the European Court found that the placement of the children in public care motivated only by material and economic grounds constituted a disproportionate measure with respect to Article 8 of the Convention;

2. recalled that this problem seems to be of systemic character in the Czech Republic and therefore took note with interest of the information submitted by the Czech authorities concerning the general measures addressing this problem, and in particular the adoption by the Czech government on 13 July 2009 of the National Action Plan for transformation and unification of the care system for children at risk;

3. invited the Czech authorities to provide further information on the general measures taken and/or envisaged to avoid placing children in public institutions on economic grounds, in particular on the impact of the measures already adopted and on the implementation of the National Action Plan;

4. decided to resume consideration of these items at the latest at their 1092nd meeting (September 2010) (DH), in the light of clarification to be provided on the individual situation of the first applicant in the Havelka and others case, and information to be provided on general measures.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 2 cases against Georgia

23204/07 Ghavtadze, judgment of 03/03/2009, final on 03/06/2009
9870/07 Poghossian, judgment of 24/02/2009, final on 24/05/2009

Decisions

The Deputies,

1. noted that the provisional action plan presented by the Georgian authorities provides prevention measures and screening measures for hepatitis C, invited the Georgian authorities to widen the action plan to include adequate treatment for contagious illnesses in general and to keep the Committee of Ministers informed of the other measures under way in this field;

2. recalled that general measures are awaited to ensure that detainees placed in hospital cannot be removed without the express authorisation of the doctor in charge and reiterated in this context the importance of guaranteeing the effectiveness of the existing recourse procedure in this field;

3. took note of the information provided at the meeting by the delegation on the applicant’s state of health and invited the delegation to specify how medical advice on the treatment needed by the applicant will effectively no longer be hindered;

4. decided to resume consideration of these items at their 1078th meeting (March 2010) (DH), in the light of updated information on the applicant’s situation in the Ghavtadze case and the action plan completed.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 1 case against Greece

32526/05 Sampanis and others, judgment of 05/06/2008, final on 05/09/2008

Decisions

The Deputies,

1. noted with interest the information provided at the meeting by the Greek authorities on the individual measures taken to allow the schooling of the applicants’ children in ordinary classes, as well as on general measures aimed at including Roma children in the education system in a non discriminatory manner;

2. noted that this information needs to be evaluated in depth and invited the Greek authorities to submit it in writing in the form of a detailed action plan / action report;

3. decided to resume consideration of this item, at the latest, at their 1086th meeting (June 2010) (DH), in the light of the evaluation of the information already provided and of further possible information to be provided.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 10 cases against Moldova

    - 10 cases mainly concerning violations related to detention on remand

3456/05 Sarban, judgment of 04/10/2005, final on 04/01/2006
23393/05 Castravet, judgment of 13/03/2007, final on 13/06/2007
21984/05 Gorea, judgment of 17/07/2007, final on 17/10/2007
14437/05 Modarca, judgment of 10/05/2007, final on 10/08/2007
42440/06 Muşuc, judgment of 06/11/2007, final on 06/022008
8207/06 Stepuleac, judgment of 06/11/2007, final on 06/02/2008
35324/04 Stici, judgment of 23/10/2007, final on 23/01/2008
10809/06 Turcan, judgment of 27/11/2007, final on 27/02/2008
39835/05 Turcan and Turcan, judgment of 23/10/2007, final on 23/01/2008
3817/05 Ursu, judgment of 27/11/2007, final on 27/02/2008
CM/Inf/DH(2009)42rev

Decisions

The Deputies,

1. took note of the information provided by the Moldovan authorities as summarised in the revised Memorandum CM/Inf/DH(2009)42rev;

2. invited the Moldovan authorities to provide the necessary information on the outstanding issues, as highlighted in this Memorandum;

3. decided to resume consideration of these cases at the latest at their 1086th meeting (June 2010) (DH), to examine the outstanding issues on the basis of an updated and completed version of the Memorandum to be prepared by the Secretariat.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 25 cases against Portugal

- 25 cases of length of judicial proceedings
Interim Resolution CM/ResDH(2007)108
a. Cases before civil courts
34422/97 Oliveira Modesto and others, judgment of 08/06/00, final on 08/09/00
54926/00 Costa Ribeiro, judgment of 30/04/03, final on 30/07/03
53997/00 Dias Da Silva and Gomes Ribeiro Martins, judgment of 27/03/03, final on 27/06/03
53534/99 Esteves, judgment of 03/04/03, final on 03/07/03
56345/00 Ferreira Alves No. 2, judgment of 04/12/03, final on 04/03/04
53937/00 Ferreira Alves, Limited, judgment of 27/02/03, final on 27/05/03
49671/99 Ferreira da Nave, judgment of 07/11/02, final on 07/02/03
56110/00 Frotal-Aluguer de Equipamentos S.A., judgment of 04/12/03, final on 04/03/04
58617/00 Garcia da Silva, judgment of 29/04/2004, final on 29/07/2004
49279/99 Koncept-Conselho em Comunicação e Sensibilização de Públicos, Lda, judgment of 31/10/02, final on 31/01/03
52412/99 Marques Nunes, judgment of 20/02/03, final on 20/05/03
54566/00 Moreira and Ferreirinha, Lda and others, judgment of 26/06/03, final on 26/09/03
55081/00 Neves Ferreira Sande e Castro and others, judgment of 16/10/03, final on 16/01/04
57323/00 Pena, judgment of 18/12/03, final on 18/03/04
48187/99 Rosa Marques and others, judgment of 25/07/02, final on 25/10/02
59017/00 Soares Fernandes, judgment of 08/04/2004, final on 08/07/2004
44298/98 Tourtier, judgment of 14/02/02, final on 14/05/02
b. Cases before administrative courts
52662/99 Jorge Nina Jorge and others, judgment of 19/02/04, final on 19/05/04
55340/00 Sociedade Agrícola do Peral and autre, judgment of 31/07/03, final on 31/10/03
c. Cases before criminal courts
48956/99 Gil Leal Pereira, judgment of 31/10/02, final on 31/01/03
14886/03 Monteiro da Cruz, judgment of 17/01/2006, final on 17/04/2006
50775/99 Sousa Marinho and Marinho Meireles Pinto, judgment of 03/04/03, final on 03/07/03
52657/99 Textile Traders, Limited, judgment of 27/02/03, final on 27/05/03
d. Case before family courts
51806/99 Figueiredo Simoes, judgment of 30/01/03, final on 30/04/03
e. Case before labour courts
53795/00 Farinha Martins, judgment of 10/07/03, final on 10/10/03

Decisions

The Deputies, recalling Interim Resolution CM/ResDH(2007)108 adopted by the Committee in this group of cases in October 2007,

1. noted with interest the information provided by the Portuguese authorities on the measures adopted to solve the structural problem of excessive length of judicial proceedings, as well as the statistical data illustrating the evolution of the backlog and of the average length of proceedings in recent years, and encouraged them to continue their efforts in this field;

2. noted with concern that the domestic proceedings in the Oliveira Modesto case have been pending before the national jurisdictions for almost 22 years and urged the Portuguese authorities to accelerate them as much as possible to bring them to an end as soon as possible;

3. decided to resume consideration of this group of cases at their 1078th meeting (March 2010) (DH) in view of the adoption of an Interim Resolution prepared by the Secretariat.

* * *

1072nd DH meeting – 3 December 2009
Section 4.2

- 4 cases against Romania

41138/98+ Moldovan and others, judgment No.1 of 05/07/2005 - Friendly settlement
41138/98+ Moldovan and others, judgment No. 2, judgment of 12/07/2005, final on 30/11/2005
57884/00 Kalanyos and others, judgment of 26/04/2007, final on 26/07/2007 - Striking-out
57885/00 Gergely, judgment of 26/04/2007, final on 26/07/2007 - Striking-out
CM/Inf/DH(2009)31; CM/Inf/DH(2009)31rev

Decisions

The Deputies,

1. took note of the information submitted by the Romanian authorities on the state of the execution of this group of cases and of the outstanding issues, as presented in the updated memorandum prepared by the Secretariat;

2. noted with interest the developments achieved in implementing the action plan for the localities Plăieşii de Sus and Caşinul Nou and encouraged the authorities to continue their efforts, particularly in view of drawing the consequences of the experts’ conclusions concerning the needs of these communities;

3. noted that further information and clarification are necessary concerning the continuation and the financing of the action plan for the Hădăreni village;

4. underlined the need for the authorities to evaluate the impact of measures already implemented and the necessity to adopt further measures for all the localities at issue, and to inform the Committee of their conclusions in this respect;

5. decided to declassify the updated memorandum and to resume consideration of these items at the latest at their 1092nd meeting (September 2010) (DH), in the light of further information to be provided.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 202 cases against Slovenia

      - 202 cases of length of civil proceedings and of lack of an effective remedy

(See Appendix for the list of cases in the Lukenda group)

Decisions

The Deputies,

1. noted the systemic character of the violations found by the European Court regarding the excessive length of civil proceedings and the lack of effective remedies in this respect;

2. noted that in the Lukenda case, the European Court considered that this systemic problem “has resulted from inadequate legislation and inefficiency in the administration of justice” and underlined that “the respondent State must, through appropriate legal measures and administrative practices, secure the right to a trial within a reasonable time”;

3. welcomed the measures taken by the Slovenian authorities in response to the Lukenda judgment and noted that these measures have had a positive impact on the reduction of the backlog of civil cases before domestic courts;

4. noted that Slovenian law now provides acceleratory and compensatory remedies against excessive length of proceedings;

5. observed that the European Court found in a number of judgments and decisions that these remedies could be considered effective with regard to the proceedings before first and second-instance courts;

6. further observed that the European Court noted that the Slovenian authorities should take particular care to ensure that these remedies are applied in conformity with the Convention standards and that an aggrieved party has prompt access to the compensatory remedies after the acceleratory remedies have been used;

7. invited the Slovenian authorities to take the necessary measures with a view to complying with the findings of the European Court in this respect;

8. noted that the effectiveness of the remedies available in respect of proceedings before the Supreme Court had not been clearly demonstrated and that, as highlighted by the European Court, no effective remedies had been introduced in respect of excessive length of proceedings before the Constitutional Court;

9. invited the Slovenian authorities to take the necessary measures to ensure that effective remedies are made available in respect of excessive length of proceedings before the Constitutional Court and the Supreme Court;

10. stressed that, in certain cases in this group, the domestic proceedings are still pending and invited the Slovenian authorities to take the necessary measures to ensure that the proceedings in these cases are brought to an end;

11. decided to resume consideration of these cases at the latest at their 1086th meeting (June 2010) (DH) in light of further information to be provided on general and individual measures.

* * *

1072nd DH meeting –3 December 2009
Section 4.3

- 1 case against Turkey

39437/98 Ülke, judgment of 24/01/2006, final on 24/04/2006

Decisions

The Deputies,

1. noted that, following the Committee of Ministers' decision adopted at the 1065th meeting (September 2009) the Chairman of the Committee of Ministers addressed a letter to his Turkish counterpart on 1 October 2009 conveying the Committee's grave preoccupation regarding the absence of any information on the measures required in this case;

2. noted that the Secretariat had had fruitful bilateral consultations with the Minister of Justice of Turkey regarding the measures required in this case;

3. strongly urged the Turkish authorities to ensure that the legislative work aimed at providing redress to the applicant and preventing similar violations in the future is brought to a conclusion without any further delay;

4. called upon the Turkish authorities to provide a reply to the letter of the Chairman of the Committee of Ministers containing concrete information on the legislative work under way as well as the timetable for the adoption of any draft laws proposed;

5. decided to resume consideration of this item at their 1078th meeting (March 2010) (DH), in the light of the reply to be provided by the Turkish authorities to the Chairman's letter.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 1 case against Turkey

38595/97 Kakoulli, judgment of 22/11/2005, final on 22/02/2006

Decisions

The Deputies,

1. noted the very recent information provided by the Turkish authorities on individual and general measures and considered that this information remained to be assessed in detail;

2. decided to resume consideration of this item at their 1078th meeting (March 2010) (DH), in the light of the assessment of the information provided as well as of possible further information to be provided by the Turkish authorities.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 88 cases against Turkey

Decisions

The Deputies,

1. noted that the European Court in the case of Cahit Demirel v. Turkey (application no: 18623/03) considered that the violations found in these cases “originated in widespread and systemic problems arising out of the malfunctioning of the Turkish criminal justice system and the state of the Turkish legislation, respectively”, and underlined that “general measures at national level must be taken in order to ensure the effective protection of the right to liberty and security in accordance with the guarantees laid down in Article 5 §§ 3 and 4 of the Convention”;

2. highlighted that it is extremely important that the domestic courts, when applying the domestic legislation, give relevant and sufficient reasons to justify continued detention and invited the Turkish authorities to provide information on domestic courts’ practice in this respect and in particular examples of decisions of the Court of Cassation;

3. invited the Turkish authorities to consider issuing a circular to all judges and public prosecutors drawing their attention to the Convention requirements;

4. further invited the Turkish authorities to provide information regarding the existence of an effective remedy providing adversarial proceedings to challenge the lawfulness of detention on remand, as well as on the application by domestic courts the relevant legislation providing compensation for unlawful detention;

5. noted with concern that in certain cases in this group the applicants are still being detained on remand and/or the proceedings against them are still pending and invited the Turkish authorities to clarify the applicants’ situation in these cases and to take the necessary measures to bring to an end the applicants’ continued detention as well as the proceedings against them;

6. decided to resume consideration of these cases at the latest at their 1086th meeting (June 2010) (DH) in light of further information to be provided on general and individual measures.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 1 case against Ukraine

39948/06 Saviny, judgment of 18/12/2008, final on 18/03/2009

Decisions

The Deputies,

1. recalled that the violation of Article 8 found by the Court in this case was due to the fact that the reasons advanced by the domestic judicial authorities for the removal of three of their children from the applicants’ care were not sufficient to justify such a serious interference,

2. recalled further that, as a result of the removal order, the children were not only separated from their family of origin, but were also placed in different institutions which rendered it difficult to maintain regular contacts between the family members;

3. welcomed in this respect the information provided by the Ukrainian authorities to the effect that the applicants’ children were eventually placed in the same institution near their parents’ place of residence and that they have regular contacts with the parents;

4. noted with satisfaction the information provided by the Ukrainian authorities to the effect that on 11 November 2009, following the European Court’s judgment, the Supreme Court of Ukraine quashed the judicial decisions at issue and remitted the case for fresh consideration to the first-instance court;

5. stressed the importance of taking into account the shortcomings, identified by the Court in its judgement, during the reconsideration of the case;

6. noted with satisfaction that the Ukrainian authorities undertook to keep the Committee regularly informed about the progress in the proceedings before the domestic courts;

7. also invited the Ukrainian authorities to provide further information with respect to general measures;

8. decided to resume consideration of this item at the latest at their 1086th meeting (June 2010) (DH) in the light of information to be provided on individual and general measures.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 324 cases against Ukraine

      - 324 cases concerning the failure or substantial delay by the administration or state companies in abiding by final domestic judgments

CM/Inf/DH(2007)30rev (English only) and CM/Inf/DH(2007)33
Interim Resolution CM/ResDH(2008)1
(See Appendix for the list of cases in the Zhovner group)

Decisions

The Deputies,

1. adopted Interim Resolution CM/ResDH(2009)159 as it appears in the Volume of Resolutions;

2. decided to resume consideration of this group of cases at the 1078th meeting (March 2010) (DH), in the light of the information to be provided on individual and general measures.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 1 case against the United Kingdom

74025/01 Hirst No. 2, judgment of 06/10/2005 - Grand Chamber

Decisions

The Deputies,

1. adopted Interim Resolution CM/ResDH(2009)160 as it appears in the Volume of Resolutions;

2. decided to resume consideration of this item at their 1078th meeting (March 2010) (DH) in the light of further information to be provided by the authorities on general measures.

* * *

1072nd DH meeting –3 December 2009
Section 4.2

- 1 case against the United Kingdom

30562/04+ S. and Marper, judgment of 04/12/2008 – Grand Chamber

Decisions

The Deputies,

1. recalling that the Court found that “the blanket and indiscriminate nature of the powers of retention of the fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences, as applied in the case of the present applicants, fails to strike a fair balance between the competing public and private interests and that the respondent State has overstepped any acceptable margin of appreciation in this regard”;

2. welcomed, as regards individual measures, the steps taken by the United Kingdom authorities to delete the relevant fingerprints, cellular sample and DNA profile with respect to both applicants;

3. noted, as regards general measures, that the public consultation engaged on the measures proposed by the government to implement the judgment ended on 7 August 2009, and that the government now proposes to implement the necessary legislative reform by way of primary legislation, having included revised proposals concerning powers of retention in the Crime and Security Bill which has been presented to Parliament;

4. welcomed the steps taken in the meantime by the United Kingdom authorities to delete information held on the National DNA Database concerning all persons under the age of ten years,

5. welcomed that the new proposals foresee that all cellular samples should be retained for a maximum of six months from the date on which they were obtained and that time limits for the retention of fingerprints and DNA profiles should be introduced, with special provisions for minors;

6. nevertheless noted that a number of important questions remain as to how the revised proposals take into account certain factors held by the European Court to be of relevance for assessing the proportionality of the interference with private life here at issue, most importantly the gravity of the offence with which the individual was originally suspected, and the interests deriving from the presumption of innocence (see paragraphs 118 – 123 of the judgment), and requested, accordingly, that the Secretariat rapidly clarify such questions bilaterally with the United Kingdom authorities;

7. noted that further information was also necessary as regards the institution of an independent review of the justification for retention in individual cases;

8. decided to resume consideration of this item at their 1078th meeting (March 2010) (DH), in the light of further information to be provided on general measures.


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