Ministers’ Deputies

Decisions

CM/Del/Dec(2010)1078 8 March 2010



1078th meeting (DH), 2-4 March 2010

Decisions adopted at the meeting



1078th meeting (DH) – 4 March 2010

Item a.

Adoption of the Annotated Agenda and Order of Business

Decisions

The Deputies

1. agreed to postpone to their 1086th meeting (June 2010) (DH) the following items placed on the draft annotated Agendas of their 1078th meeting (DH):

- 2 cases against Finland

      - 2 cases concerning the search and seizure of privileged material and the length of judicial proceedings

50882/99 Sallinen Petri and others, judgment of 27/09/2005, final on 27/12/2005

19348/04 Sorvisto, judgment of 13/01/2009, final on 13/04/2009

- 1 case against France

62740/00 Matheus, judgment of 31/03/2005, final on 01/07/2005

- 6 cases against Georgia

73241/01 Davtyan, judgment of 27/07/2006, final on 27/10/2006

68622/01 Danelia, judgment of 17/10/2006, final on 17/01/2007

11830/03 Gharibashvili, judgment of 29/07/2008, final on 29/10/2008

28537/02 “Iza” Ltd and Makrakhidze, judgment of 27/09/2005, final on 27/12/2005

2507/03 “Amat-G“ Ltd and Mebaghishvili, judgment of 27/09/2005, final on 15/02/2006

CM/Inf/DH(2009)28

30779/04 Patsuria, judgment of 06/11/2007, final on 06/02/2008

- 98 cases against Italy

36822/02 Bracci, judgment of 13/10/2005, final on 15/02/2006

62094/00 Majadallah, judgment of 19/10/2006, final on 26/03/2007

- 85 cases concerning constructive expropriation

Interim Resolution CM/ResDH(2007)3

(See Appendix for the list of cases in the Belvedere Alberghiera S.R.L. group)

      - 11 cases concerning the special prison regime provided by Article 41bis of the Prison Administration Act (Articles 6§1 and 13)

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

74912/01 Enea, judgment of 17/09/2009 – Grand Chamber

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

- 47 cases against Moldova

- 1 case against Norway

15472/02 Folgerø and others, judgment of 29/06/2007 – Grand Chamber

- 1 case against Romania

28341/95 Rotaru, judgment of 04/05/00 - Grand Chamber

Interim Resolution ResDH(2005)57

- 140 cases against the Russian Federation

18274/04 Borzhonov, judgment of 22/01/2009, final on 22/04/2009

46468/06 Aleksanyan, judgment of 22/12/2008, final on 05/06/2009

15339/02+ Budayeva and others, judgment of 20/03/2008, final on 29/09/2008

14139/03 Bolat, judgment of 05/10/2006, final on 05/01/2007

- 8 cases concerning extradition

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

      - 12 cases mainly concerning ill-treatment inflicted on the applicants while in custody and the lack of an effective investigation

    77617/01 Mikheyev, judgment of 26/01/2006, final on 26/04/2006

5742/02 Akulinin and Babich, judgment of 02/10/2008, final on 02/01/2009

36220/02 Barabanshchikov, judgment of 31/07/2008, final on 26/01/2009

1748/02 Belousov, judgment of 02/10/2008, final on 06/04/2009

3811/02 Denisenko and Bogdanchikov, judgment of 12/02/2009, final on 12/05/2009

78145/01 Kovalev, judgment of 10/05/2007, final on 12/11/2007

839/02 Maslova and Nalbandov, judgment of 24/01/2008, final on 07/07/2008

9297/02 Nadrosov, judgment of 31/07/2008, final on 26/01/2009

36410/02 Nikitin Oleg, judgment of 09/10/2008, final on 06/04/2009

30033/05 Polonskiy, judgment of 19/03/2009, final on 14/09/2009

64398/01 Samoylov, judgment of 02/10/2008, final on 06/04/2009

65859/01 Sheydayev, judgment of 07/12/2006, final on 23/05/2007

- 47 cases concerning unlawful detention, excessive length and insufficient grounds

CM/Inf/DH(2007)4

(see Appendix for the list of cases in the Klyakhin group)

7188/03 Chember, judgment of 03/07/2008, final on 01/12/2008

25948/05 Knyazev, judgment of 08/11/2007, final on 02/06/2008

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

- 8 cases concerning freedom of expression

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

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

32147/04 Kuimov, judgment of 08/01/2009, final on 08/04/2009

1509/02 Tatishvili, judgment of 22/02/2007, final on 09/07/2007

1758/02 Kazakov, judgment of 18/12/2008, final on 05/06/2009

3891/03 Samokhvalov, judgment of 12/02/2009, final on 12/05/2009

14810/02 Ryakib Biryukov, judgment of 17/01/2008, final on 07/07/2008

- 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

        - 6 cases concerning quashing of final judgments through the supervisory review procedure (criminal proceedings)

65582/01 Radchikov, judgment of 24/05/2007, final on 12/11/2007

54882/00 Chervonenko, judgment of 29/01/2009, final on 06/07/2009

15336/02 Chistyakov Eduard, judgment of 09/04/2009, final on 09/07/2009

75469/01 Kiselev, judgment of 29/01/2009, final on 06/07/2009

63997/00 Fedorov, judgment of 26/02/2009, final on 26/05/2009

8927/02 Sharomov, judgment of 15/01/2009, final on 15/04/2009

33264/02 Levin, judgment of 02/02/05, final on 02/05/06

34439/04 Agaponova and others, judgment of 07/02/2008, final on 07/05/2008

75025/01+ Aleksentseva and others, judgment of 17/01/2008, final on 17/04/2008

966/03 Almayeva, judgment of 25/10/2007, final on 25/01/2008

35774/04 Arulepp, judgment of 06/11/2008, final on 06/02/2009

32786/04 Bakharev and others, judgment of 18/09/2008, final on 18/12/2008

21932/03 Bakharev, judgment of 19/07/2007, final on 19/10/2007

37930/02 Bazhenov, judgment of 20/10/05, final on 20/01/06

34679/03 Belotserkovets, judgment of 03/07/2008, final on 01/12/2008

24620/02 Belyayev, judgment of 25/01/2007, final on 25/04/2007

72558/01 Blagovestnyy, judgment of 04/07/2006, final on 04/10/2006

1719/02 Butsev, judgment of 22/09/05, final on 15/02/06

40642/02 Denisenkov, judgment of 22/09/05, final on 15/02/06

34431/04 Denisova, judgment of 18/09/2008, final on 18/12/2008

28488/04 Dokolin, judgment of 18/09/2008, final on 18/12/2008

41842/04 Fitisov, judgment of 08/11/2007, final on 08/02/2008

38719/03 Glushakova, judgment of 12/04/2007, final on 12/07/2007

38305/02 Gorokhov and Rusyayev, judgment of 17/03/05, final on 12/10/05

63995/00 Kukalo, judgment of 03/11/2005, final on 03/02/2006

11319/04 Kukalo No. 2, judgment of 24/07/2008, final on 24/10/2008

43209/04 Ledovkin, judgment of 21/02/2008, final on 21/05/2008

35893/04 Levin Viktor, judgment of 25/09/2008, final on 25/12/2008

43282/02 Naydenkov, judgment of 07/06/2007, final on 24/09/2007

37927/02 Nikolayev, judgment of 02/03/06, final on 02/06/06

19589/02 Parkhomov, judgment of 20/10/05, final on 20/01/06

15890/04 Petrov Viktor, judgment of 24/07/2008, final on 24/10/2008

36939/02 Podyapolskiy, judgment of 12/06/2008, final on 12/09/2008

38720/03 Popov Aleksandr, judgment of 05/04/2007, final on 05/07/2007

26307/02 Shirykalova, judgment of 27/03/2008, final on 27/06/2008

32786/03 Silchenko, judgment of 28/09/2006, final on 28/12/2006

24664/02 Siverin, judgment of 04/12/2008, final on 04/03/2009

33660/04 Smelov, judgment of 02/10/2008, final on 02/01/2009

37647/04 Smorodinova, judgment of 17/01/2008, final on 17/04/2008

34938/04 Suslin, judgment of 23/10/2008, final on 23/01/2009

39013/05 Svitich, judgment of 31/07/2007, final on 31/10/2007

40543/04 Voronin, judgment of 04/12/2008, final on 04/03/2009

38845/04 Zubarev, judgment of 02/10/2008, final on 02/01/2009

- 1 case against “the former Yugoslav Republic of Macedonia"

74651/01 Association of citizens “Radko” and Paunkovski, judgment of 15/01/2009, final on 15/04/2009

- 4 cases against Turkey

      - 4 cases concerning the annulment of titles of property belonging to minority religious foundations, more than thirty years after lawful acquisition

34478/97 Fener Rum Erkek Lisesi Vakfi, judgment of 09/01/2007, final on 09/04/2007, rectified on 22/05/2007

37639/03+ Bozcaada Kimisis Teodoku Rum Ortodoks Kilisesi Vakfı, judgment of 03/03/2009, final on 03/06/2009, rectified on 02/10/2009

1480/03 Samatya Surp Kevork Ermeni Kilisesi, Mektebi Ve Mezarlığı Vakfı Yönetim Kurulu, judgment of 16/12/2008, final on 16/03/2009

36165/02 Yekidule Surp Pırgiç Ermeni Hastanesi Vakfı, judgment of 16/12/2008, final on 16/03/2009

- 9 cases against Ukraine

15825/06 Yakovenko, judgment of 25/10/2007, final on 25/01/2008

16505/02 Doronin, judgment of 19/02/2009, final on 19/05/2009

16447/04 Kucherenko Nikolay, judgment of 19/02/2009, final on 19/05/2009

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

17283/02 Yeloyev, judgment of 06/11/2008, final on 06/02/2009

2570/04 Kucheruk, judgment of 06/09/2007, final on 06/12/2007

2. agreed to postpone to their 1092nd meeting (September 2010) (DH) the following items placed on the draft annotated Agendas of their 1078th meeting (DH):

- 3 cases against Moldova

      - 2 cases concerning the violation of the right to a fair hearing due to inadequate notification procedure

61821/00 Ziliberberg, judgment of 01/02/2005, final on 01/05/2005

7413/05 Russu, judgment of 13/11/2008, final on 13/02/2009

14385/04 Oferta Plus SRL, judgments of 19/12/2006, final on 23/05/2007 and of 12/02/2008 (Article 41), final on 07/07/2008

- 1 case against Spain

36777/03 Iribarren Pinillos, judgment of 08/01/2009, final on 08/04/2009

- 8 cases against Ukraine

72286/01 Melnik, judgment of 28/03/2006, final on 28/06/2006

18660/03 Malenko, judgment of 19/02/2009, final on 19/05/2009

      - 6 cases mainly concerning inhuman and/or degrading treatment in detention resulting from overcrowding, unsatisfactory hygiene and sanitation conditions or inadequate medical care, as well as lack of an effective remedy

54825/00 Nevmerzhitsky, judgment of 05/04/2005, final on 12/10/2005

72277/01 Dvoynykh, judgment of 12/10/2006, final on 12/02/2007

28827/02 Isayev, judgment of 28/05/2009, final on 28/08/2009

65550/01 Koval, judgment of 19/10/2006, final on 12/02/2007

75522/01 Mikhaniv, judgment of 06/11/2008, final on 6/04/2009

30628/02 Ukhan, judgment of 18/12/2008, final on 18/03/2009

3. agreed to postpone to their 1100th meeting (December 2010) (DH) the following items placed on the draft annotated Agendas of their 1078th meeting (DH):

- 5 cases against Bulgaria

62540/00 Association for European Integration and Human Rights and Ekimdzhiev, judgment of 28/06/2007, final on 30/01/2008

5182/02 Kirov, judgment of 22/05/2008, final on 22/08/2008

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

15197/02 Petrov, judgment of 22/05/2008, final on 22/08/2008

- 222 cases against Greece

28606/05 Kabili, judgment of 31/07/2008, final on 31/10/2008

9029/05 Kampanellis, judgment of 21/06/2007, final on 21/09/2007

68138/01 Zazanis and others, judgment of 18/11/2004, final on 30/03/2005

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

- 203 cases of length of judicial proceedings and of lack of an effective remedy

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

Interim Resolution CM/ResDH(2007)74

- 2 cases concerning the poor detention conditions (detention on remand)

32927/03 Kaja, judgment of 27/07/2006, final on 27/10/2006

30303/07 Siasios and others, judgment of 04/06/2009, final on 04/09/2009

35522/04 Stavropoulos Vassilios, judgment of 27/09/2007, final on 27/12/2007

11801/04 Tsalkitzis, judgment of 16/11/2006, final on 26/03/2007

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

- 3 cases mainly concerning freedom of expression

19331/05 Katrami, judgment of 06/12/2007, final on 06/03/2008

28504/05 Kanellopoulou, judgment of 11/10/2007, final on 31/03/2008

24444/07 Kydonis, judgment of 02/04/2009, final on 02/07/2009

46372/99 Papastavrou and others, judgments of 10/04/03, final on 10/07/03 and of 18/11/04, final on 18/02/05

66742/01 Katsoulis and others, judgment of 08/07/2004, final on 08/10/2004 and of 24/11/2005, final on 24/02/2006

Interim Resolution ResDH(2006)27

43588/06 Vontas and others, judgment of 05/02/2009, final on 06/07/2009

66725/01 Fotopoulou, judgment of 18/11/2004, final on 18/02/2005

52903/99 Dactylidi, judgment of 27/03/03, final on 09/07/03

- 128 cases against Romania

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

6817/02 Iordache, judgment of 14/10/2008, final on 14/01/2009

2367/04 Georgescu Daniel and Niculina, judgment of 27/01/2009, final on 27/04/2009

31678/96 Gheorghiu T. and D.I., judgment of 17/12/02, final on 21/05/03

28400/04 Fischer, judgment of 11/10/2007, final on 11/01/2008

6248/03 Popea, judgment of 05/10/2006, final on 05/01/2007

10230/05 Sersescu, judgment of 08/01/2009, final on 08/04/2009

40670/98 Todorescu, judgment of 30/09/03, final on 30/12/03

63258/00 Gagiu, judgment of 24/02/2009, final on 24/05/2009

5325/03 Voiculescu, judgment of 03/02/2009, final on 03/05/2009

42716/02 Toma, judgment of 24/02/2009, final on 24/05/2009

      - 13 cases mainly concerning ill-treatment by the police and lack of an effective investigation

46430/99 Anghelescu Barbu No. 1, judgment of 05/10/2004, final on 05/01/2005

42066/98 Bursuc, judgment of 12/10/2004, final on 12/01/2005

48254/99 Cobzaru, judgment of 26/07/2007, final on 26/10/2007

6773/02 Damian-Burueană and Damian, judgment of 26/05/2009, final on 26/08/2009

49234/99 Dumitru Popescu No.1, judgment of 26/04/2007, final on 26/07/2007

25230/03 Georgescu, judgment of 13/05/2008, final on 13/08/2008

64536/01 Iambor No.1, judgment of 24/06/2008, final on 24/09/2008

14526/03 Lupaşcu, judgment of 04/11/2008, final on 04/02/2009

43247/02 Melinte, judgment of 09/11/2006, final on 09/02/2007

10778/02 Niţă, judgment of 04/11/2008, final on 06/04/2009

71090/01 Olteanu, judgment of 14/04/2009, final on 14/07/2009

58478/00 Rupa No. 1, judgment of 16/02/2008, final on 16/03/2009

42722/02 Stoica, judgment of 04/03/2008, final on 04/06/2008

      - 5 cases mainly concerning poor detention conditions

22088/04 Bragadireanu, judgment of 06/12/2007, final on 06/03/2008

6586/03 Brânduşe, judgment of 07/04/2009, final on 07/07/2009

25763/03 Măciucă, judgment of 26/05/2009, final on 26/08/2009

4792/03 Petrea, judgment of 29/04/2008, final on 01/12/2008

5269/02 Tănase, judgment of 12/05/2009, final on 12/08/2009

41124/02 Filip, judgment of 14/12/2006, final on 14/03/2007

70786/01 Rosengren, judgment of 24/04/2008, final on 24/07/2008

1434/02+ Lupaş and others, judgment of 14/12/2006, final on 14/03/2007

31679/96 Ignaccolo-Zenide, judgment of 25/01/00

4023/04 Amănălăchioai, judgment of 26/05/2009, final on 26/08/2009

73957/01 Varga, judgment of 01/04/2008, final on 01/07/2008

78060/01 Petrina, judgment of 14/10/2008, final on 06/04/2009

7901/02 Hagiescu and others, judgment of 13/11/2008, final on 13/02/2009

42790/02 Deak, judgment of 04/11/2008, final on 06/04/2009

60868/00 Vasilescu Grigore, judgment of 08/06/2006, final on 08/09/2006

17309/02 Grozescu, judgment of 27/09/2007, final on 27/12/2007

1477/02 SC Pilot Services S.A. Constanţa, judgment of 03/06/2008, final on 03/09/2008 and of 22/09/2009, final on 22/12/2009

6079/02 Prodanof and others No. 2, judgment of 14/10/2008, final on 14/01/2009

26985/03 Burghelea, judgment of 27/01/2009, final on 27/04/2009

21911/03 Tudor Tudor, judgment of 24/03/2009, final on 24/06/2009

23066/02 Faimblat, judgment of 13/01/2009, final on 13/04/2009

36478/02 Jones, judgment of 03/02/2009, final on 03/05/2009

      - 2 cases concerning the failure to observe the principle of legal certainty as final judgments resolving the applicants’ cases were not taken into account

4351/02 Amurăriţei, judgment of 23/09/2008, final on 23/12/2008

9164/02 Ichim, judgment of 10/03/2009, final on 10/06/2009

      - 54 cases concerning the failure to enforce final judicial decisions ordering the restitution of or compensation in respect of property nationalised or lost during the communist period

(See Appendix for the list of cases in the Popescu Sabin group)

CM/Inf/DH(2007)33

      - 10 cases mainly concerning late enforcement of final judicial decisions ordering the applicants' reinstatement in their posts in public bodies and payment of salary arrears for the period they were unemployed

23878/02 Strungariu, judgment of 29/09/2005, final on 29/12/2005

35935/02 Cone, judgment of 24/06/2008, final on 24/09/2008

6098/03 Durdan, judgment of 26/04/2007, final on 24/09/2007

23657/03 Miclici, judgment of 20/12/2007, final on 20/03/2008

5060/02 Mihaescu, judgment of 02/11/2006, final on 26/03/2007

20763/03 Niţescu Vasile, judgment of 21/04/2009, final on 21/07/2009

32019/03 Ocneanu, judgment of 29/07/2008, final on 29/10/2008

9555/03 Ştefanescu, judgment of 11/10/2007, final on 11/01/2008

24464/03 Şurtea, judgment of 25/11/2008, final on

29762/02 Teodorescu, judgment of 29/07/2008, final on 29/10/2008

CM/Inf/DH(2007)33

        - 12 cases concerning late enforcement of, or failure to enforce final judicial decisions by public institutions

73970/01 Sacaleanu, judgment of 06/09/2005, final on 06/12/2005

37380/03 Balcan, judgment of 29/07/2008, final on 29/10/2008

25765/04 Delca, judgment of 04/11/2008, final on 06/07/2009

13386/02 Moldoveanu, judgment of 29/07/2008, final on 29/10/2008

26004/03 Niţescu, judgment of 24/03/2009, final on 24/06/2009

1486/02 Orha, judgments of 12/10/2006, final on 12/01/2007 and of 04/11/2008 - Friendly settlement

24714/03 Paicu, judgment of 25/11/2008, final on 25/02/2009

5050/02 Pântea Elisabeta, judgment of 15/06/2006, final on 15/09/2006

34860/02 Piştireanu, judgment of 30/09/2008, final on 30/12/2008

29268/03 S.C. Ghepardul S.R.L., judgment of 14/04/2009, final on 14/07/2009

28333/02 SC Ruxandra Trading SRL, judgment of 12/07/2007, final on 12/10/2007 and of 02/12/2008, final on 02/03/2009

40263/05 Străchinaru, judgment of 21/02/2008, final on 21/05/2008

CM/Inf/DH(2007)33

35671/97 Lindner and Hammermayer, judgment of 06/04/2006 - Grand Chamber - Friendly settlement

31549/96 Popovici and Dumitrescu, judgment of 06/04/2006 - Grand Chamber - Friendly settlement

30324/96 Smoleanu, judgment of 06/04/2006 - Grand Chamber - Friendly settlement

7893/02 Ghibuşi, judgment of 23/06/2005, final on 12/10/2005

- 1 case against Romania and 1 case against Hungary and Romania

71099/01 Monory, judgment of 05/04/2005, final on 05/07/2005

7198/04 Iosub Caras, judgment of 27/07/2006, final on 11/12/2006

- 7 cases against the Russian Federation

- 2 cases concerning ill-treatment of remand prisoners and lack of effective investigation into the allegations of ill-treatment

22625/02 Mironov, judgment of 08/11/2007, final on 08/02/2008

22107/03 Antropov, judgment of 29/01/2009, final on 29/04/2009

- 2 cases concerning conditions of confinement in a court house

3522/04 Salmanov, judgment of 31/07/2008, final on 31/10/2008

42239/02 Starokadomskiy, judgment of 31/07/2008, final on 31/10/2008

52058/99 Gorodnitchev, judgment of 24/05/2007, final on 12/11/2007

37213/02 Kantyrev, judgment of 21/06/2007, final on /01/2008

52697/99 Mikadze, judgment of 07/06/2007, final on 12/11/2007

- 1 case against San Marino

40786/98 Beneficio Cappella Paolini, judgment of 13/07/2004, final on 13/10/2004 and of 03/05/2007, final on 03/08/2007 - Friendly settlement

4. agreed to postpone to their 1st meeting in 2011 (March 2011) (DH) the following items placed on the draft annotated Agendas of their 1078th meeting (DH):

- 2 cases against France

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

* * *

1078th DH meeting – 4 March 2010

Item c

Preparation of the next meeting (DH)

(1086th meeting, 1-3 June 2010)

Decisions

The Deputies,

1. approved the preliminary draft Agenda of their 1086th meeting (June 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 1086th meeting will be issued in the “Preliminary list of items for consideration at the 1086th meeting”;

    b. Delegations wishing to provide information concerning the items appearing on the preliminary agenda for the 1086th meeting are invited to make such information available to the Secretariat before 9 April 2010;

    c. in principle, new judgments of the Court for which the Secretariat has received confirmation that they are final on or before 1 April 2010 will be added and Section 2 (together with the draft decisions) will be placed on the Committee of Ministers’ Internet site on 30 April 2010;

    d. Sections 4.1 (together with the draft decisions) and 5 (together with the draft decisions), will be placed on the Committee of Ministers’ Internet site on 7 May 2010;

    e. the order of business will be placed on the Committee of Ministers’ Internet site on 19 May 2010;

    f. Sections 4.2, 4.3, 6, 1 and General Questions (together with the draft decisions), will be placed on the Committee of Ministers’ Internet site on 21 May 2010 and the accompanying addenda will be distributed shortly afterwards.

* * *

1078th DH meeting – 4 March 2010

Item d

Supervision of the execution of judgments of the European Court of Human Rights –

Final draft annual report 2009

CM/Inf/DH(2009)44, DD(2009)604, DH-DD(2010)66rev

Decisions

The Deputies,

1. noted with interest the information provided with respect to the publication and dissemination of the earlier annual reports;

2. welcomed in particular the Polish initiative to translate the 2008 report into Polish in order to ensure as wide and as efficient a dissemination of the report as possible at the national level, and encouraged the other states to follow this initiative, as far as deemed necessary;

3. adopted the annual report as it appears in the final draft issued for the present meeting (document DH-DD(2010)66E rev.), it being understood that :

    - delegations have until 11 March 2010 to submit proposals for last, minor editorial changes ;
    - the final text of the report will be deemed to be adopted on 16 March 2010 and that
    - the report will be made available to the public after the presentation of its printed version to the Committee of Ministers on 14 April 2010.

* * *

1078th DH meeting – 4 March 2010

Item e

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)

Decisions

The Deputies,

1. recalling the importance of identifying as quickly as possible the measures needed to execute a judgment of the European Court,

2. reiterated their request to member states to provide, within six months of the date upon which a judgment becomes final, an action plan and/or an action report as defined in document CM/Inf/DH(2009)29rev;

3. emphasised that information on the mere payment of just satisfaction cannot be considered to constitute a satisfactory action plan, and that the total, unmotivated absence of any provision on the part of the respondent state within six months of the date upon which the judgment became final is liable to slow down the process of supervising the execution of the European Court's judgments;

4. referred in this context to Recommendation CM/Rec(2008)2 on efficient domestic capacity for rapid execution of judgments of the European Court of Human Rights;

5. decided to continue discussion on this item at their 1086th meeting (June 2010) (DH).

* * *

1078th DH meeting –4 March 2010

Section 1

Decision

The Deputies adopted the resolutions putting and end to the examination of the following 66 cases as they appear in the Volume of Resolutions:

SUB-SECTION 1.1 – LEADING CASES

- 1 case against Austria

12643/02 Moser, judgment of 21/09/2006, final on 21/12/2006

- 5 cases against Belgium

26103/95 Van Geyseghem, judgment of 21/01/99 – Grand Chamber

34989/97 Goedhart, judgment of 20/03/01, final on 20/06/01

36449/97+ Stroek L. and C., judgment of 20/03/01, final on 20/06/01

51338/99 Pronk, judgment of 08/07/2004, final on 08/10/2004

46848/99 Stift, judgment of 24/02/2005, final on 24/05/2005

- 5 cases against France

31677/96 Watson John, Interim Resolution DH(2000)20

- 2 cases of length of proceedings concerning civil rights and obligations before military pensions tribunals of incapacity

46096/99 Mocie, judgment of 08/04/03, final on 08/07/03

76977/01 Desserprit, judgment of 28/11/2006, final on 28/02/2007

59842/00 Vetter, judgment of 31/05/2005, final on 31/08/2005

71611/01 Wisse, judgment of 20/12/2005, final on 20/03/2006

- 1 case against Luxembourg

15048/03 Mathony, judgment of 15/02/2007, final on 15/05/2007

- 2 cases against Moldova

45701/99 Metropolitan Church of Bessarabia and others, judgment of 13/12/01, final on 27/03/02 - Interim Resolution ResDH(2006)12

952/03 Biserica Adevărat Ortodoxă din Moldova and others, judgment of 27/02/2007, final on 29/05/2007

CM/Inf/DH(2008)47rev

- 2 cases against the Netherlands

35731/97 Venema, judgment of 17/12/02, final on 17/03/03

1948/04 Salah Sheekh, judgment of 11/01/2007, final on 23/05/2007

- 1 case against Norway

12148/03 Sanchez Cardenas, judgment of 04/10/2007, final on 04/01/2008

- 1 case against Turkey

38187/97 Adalı, judgment of 31/03/2005, final on 12/10/2005

SUB-SECTION 1.2 – CASES CONCERNING PROBLEMS ALREADY SOLVED

- 3 cases against the Czech Republic

1414/03 Mareš, judgment of 26/10/2006, final on 26/01/2007

48548/99 Zich and others, judgments of 18/07/2006, final on 18/10/2006 and of 21/12/2006 - Friendly settlement (Article 41)

20728/05 Vokoun, judgment of 03/07/2008, final on 03/10/2008

- 1 case against Finland

28301/03 S.H., judgment of 29/07/2008, final on 29/10/2008

- 2 cases against Germany

30943/96 Sahin, judgment of 08/07/03 - Grand Chamber

31871/96 Sommerfeld, judgment of 08/07/03 - Grand Chamber

- 13 cases against Italy

- Cases concerning bankruptcy proceedings (Articles 8 and 13)

28466/03 Citarella, judgment of 15/01/2008, final on 15/04/2008

4910/04 La Fazia, judgment of 16/10/2007, final on 16/01/2008

11/04 Votto, judgment of 16/10/2007, final on 16/01/2008

38823/04 Di Crosta, judgment of 13/11/2007, final on 13/02/2008

26735/05 Cifra, judgment of 10/03/2009, final on 10/06/2009

33226/05 D’Apolito, judgment of 10/03/2009, final on 10/06/2009

40807/05 Fabiano, judgment of 10/03/2009, final on 10/06/2009

40824/05 Furno, judgment of 10/03/2009, final on 10/06/2009

11000/05 Massimo Maria Assunta, judgment of 10/03/2009, final on 10/06/2009

40261/05 Moroni, judgment of 10/03/2009, final on 10/06/2009

38264/05 Puzella and Cosentino, judgment of 10/03/2009, final on 10/06/2009

40664/05 Valentini, judgment of 10/03/2009, final on 10/06/2009

4733/04 Votto Renato, judgment of 23/10/2007, final on 23/01/2008

- 4 cases against Poland

33866/96 Bogulak, judgment of 13/06/2006, final on 13/09/2006

34091/96 M.B., judgment of 27/04/2004, final on 27/07/2004

30865/96 Jasiński, judgment of 20/12/2005, final on 20/03/2006

34090/96 W.B., judgment of 10/01/2006, final on 10/04/2006

- 2 cases against Portugal

75088/01 Urbino Rodrigues, judgment of 29/11/2005, final on 01/03/2006

29288/02 Roseiro Bento, judgment of 18/04/2006, final on 18/07/2006

- 1 case against Romania

- Case concerning the lack of access to a court to claim restitution of a nationalised building

65402/01 Radu Cornelia Eufrosina, judgment of 12/07/2007, final on 12/10/2007

- 1 case against Sweden

- Case of length of proceedings concerning civil rights and obligations before the administrative courts

6301/05 The Estate of Nitschke, judgment of 27/09/2007, final on 27/12/2007

- 5 cases against Turkey

- Case concerning delays by the administration in paying compensation for unlawful detention and the applicable rate of default interest

51965/99 Yakışır, judgment of 30/09/2008, final on 30/12/2008

- Cases concerning delays by the administration in paying additional compensation for expropriation and the applicable rate of default interest

473/03 Gür and Yıldız, judgment of 13/01/2009, final on 13/04/2009

3820/03 Tınarlıoğlu, judgment of 31/03/2009, final on 30/06/2009

27045/02 Argunhan, judgment of 03/03/2009, final on 03/06/2009

19255/02 Işik, judgment of 10/03/2009, final on 10/06/2009

- 9 cases against the United Kingdom

- Cases concerning discrimination between widows and widowers on grounds of gender regarding social security benefits

27961/02 Booth, judgment of 03/02/2009, final on 03/05/2009

42711/02 Mitchard, judgment of 03/02/2009, final on 03/05/2009

28045/02 Murray Robert, judgment of 03/02/2009, final on 03/05/2009

74961/01 Nelson, judgment of 01/04/2008, final on 01/07/2008

28071/02 Shireby, judgment of 09/12/2008, final on 09/03/2009

42709/02 Turner, judgment of 03/02/2009, final on 03/05/2009

25379/02 Twizell, judgment of 20/05/2008, final on 20/08/2008

28095/02 Twomey, judgment of 03/02/2009, final on 03/05/2009

38000/05 R.K. and A.K., judgment of 30/09/2008, final on 30/12/2008

SUB-SECTION 1.3 – CASES NOT INVOLVING GENERAL OR INDIVIDUAL MEASURES

- 1 case against the Netherlands

25149/03 Van Houten, judgment of 29/09/2005, final on 29/12/2005 - Striking-out

SUB-SECTION 1.4 – FRIENDLY SETTLEMENTS AND PROBLEMS OF A GENERAL CHARACTER

- 1 case against Italy

44330/98 Principe and others, judgment of 19/12/00 - Friendly settlement

- 1 case against Portugal

9388/02 Cruz da Silva Coelho, judgment of 13/12/2005, Friendly settlement

- 1 case against the Slovak Republic

17684/02 Rosival and others, judgment of 23/09/2008 – Friendly settlement

- 1 case against Sweden

44298/02 Synnelius and Edsbergs Taxi AB, judgment of 30/06/2009 - Friendly settlement

- 2 cases against United Kingdom

10578/05+ Hunt and Miller, judgment of 23/06/2009 – Friendly settlement

47441/99 Wood Mark, judgment of 15/03/2005 - Friendly settlement

* * *

1078th DH meeting – 4 March 2010

Section 4.3

- 1 case against Italy

246/07 Ben Khemais, judgment of 08/07/2009, final on 06/07/2009

Decisions

The Deputies,

1. noted that the Italian authorities are fully committed to complying with interim measures indicated by the European Court under Rule 39 of Rules of Court;

2. noted further that the Italian authorities have made certain efforts aimed at collecting information on the applicant’s situation in prison in addition to the diplomatic assurances given by the Tunisian authorities;

3. welcomed the Italian authorities’ readiness to pursue their efforts in this respect;

4. took note of the information provided by the Italian authorities that, in a similar case in which the European Court indicated an interim measure under Rule 39, an Italian court decided to apply an alternative measure to deportation by way of placing the applicant in a working centre (casa di lavoro);

5. invited the Italian authorities to clarify whether this alternative measure, or any other similar measures, will be applied in all other similar cases of new interim measures indicated by the Court under Rule 39 and offer sufficient effective safeguards in order to prevent similar violations in the future;

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

* * *

1078th DH meeting –4 March 2010

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 interest of the presentation of the CMP’s activities made at the meeting by the Turkish delegation;

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

3. noted in this respect with satisfaction that, according to the information provided, the Turkish authorities had acceded to several requests from the CMP for access to places situated in military zones;

4. insisted on their request that the Turkish authorities inform them already now of the concrete measures envisaged in the continuity of the CMP’s work with a view to the effective investigations required by the judgment;

5. decided to resume consideration of this issue at their 1086th meeting (June 2010) (DH).

Concerning the property rights of enclaved persons:

6. recalled that the Secretariat had already presented its assessment of this issue in the Information Document CM/Inf/DH(2009)39, which had been presented at the 1065th meeting (September 2009)(DH) and that, in this respect, the Committee had noted that a number of questions still needed to be examined in depth;

7. recalled also that, in this context, the Cypriot delegation had proposed to submit its own assessment and that, at its request, the Committee had asked the Turkish authorities to provide, before 15 December 2009, a copy of the entirety of the legislation, as amended, and related decisions relevant for the examination of this issue, in particular the entire text of “Law No. 41/77”;

8. noted that the Turkish authorities had provided within the time limit set the legislative texts and a related decision they considered relevant for the examination of this issue, as well as the entire text of “Law No. 41/77”;

9. noted that the Cypriot delegation considered that it should have at its disposal additional documents in order to be able to assess this issue and offered to explain in writing, for the June 2010 meeting (DH), the reasons why the following documents seem indispensable for this delegation:

      - all the decisions of the “Council of Ministers” under “Article 3 of Law N°41/77” and under “Articles 2 of laws N° 32 and 33 of 1975”, accompanied by their English translation;

      - “Law N° 27/82”, accompanied by its English translation;

      - “Law N° 52/95”, accompanied by its English translation;

      - “Law N° 39/98”, accompanied by its English translation;

10. decided to resume consideration of this issue at their 1086th meeting (June 2010) (DH) with a view to assessing the relevance of the texts requested by the Cypriot delegation for the examination of this question.

Concerning the property rights of displaced persons:

11. decided to resume consideration of this issue at their 1086th meeting (June 2010) (DH).

* * *

1078th DH meeting – 4 March 2010

Section 4.3

- 1 case against Turkey

16064/90+ Varnava and others, judgment of 18/09/2009 – Grand Chamber

Decisions

The Deputies,

1. noted that the Court, while fully acknowledging the importance of the CMP's activities and giving full credit to its work, also underlined that "important though these measures are as a first step in the investigative process, they do not exhaust the obligation under Article 2";

2. insisted therefore on their request that the Turkish authorities inform them already now of the measures envisaged in the prolongation of the CMP’s work with a view to the effective investigations required by this judgment,

3. decided to resume consideration of this case at their 1086th meeting (June 2010) (DH).

* * *

1078th DH meeting –4 March 2010

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. adopted Interim Resolution CM/Int/ResDH(2010)33 concerning the payment of the sums awarded in respect of just satisfaction in the judgment of the European Court of 7 December 2006,

2. decided to resume consideration of this case at their 1086th meeting (June 2010) (DH).

* * *

1078th DH meeting – 4 March 2010

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. noted that the draft law allowing the reopening of proceedings in the applicants’ cases is still before Parliament for adoption;

2. strongly encouraged the Turkish authorities to accord priority to this piece of legislation;

3. decided to resume consideration of these items at their 1086th meeting (June 2010) (DH), in the light of further information to be provided.

* * *

1078th DH meeting –4 March 2010

Section 4.3

- 210 cases against the Russian Federation

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

Interim Resolution CM/ResDH(2009)158

- 209 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. recalled that the deadline set by the Court for the introduction of a domestic remedy to obtain redress for non-enforcement or delayed enforcement of domestic judicial decisions expired on 5 November 2009;

2. regretted anew the fact that despite efforts of the Russian authorities in response to the pilot judgment, the draft laws providing such a remedy have not even been submitted to Parliament;

3. urged with insistence the Russian authorities to take without further delay all necessary measures to ensure the rapid adoption of these draft laws, bearing in mind that the examination of all similar applications was adjourned by the Court until 4 May 2010;

4. took note with satisfaction of the information provided by the Russian authorities on the settlement of individual applications lodged with the Court before the delivery of the pilot judgment and encouraged the Russian authorities to intensify their efforts in order to comply with the deadline set by the Court;

5. took note of the information provided on general measures to solve the problems at the origin of the repetitive violations;

6. decided to resume consideration of these items at their 1086th meeting (June 2010) (DH), possibly in the light of a draft interim resolution.

* * *

1078th DH meeting –4 March 2010

Section 4.3

- 55 cases against the Russian Federation

      - 55 cases mainly concerning the quashing of final judgments through the supervisory review procedure (civil aspects)

      CM/Inf/DH(2005)20

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

Decisions

The Deputies,

1. took note with interest of the draft law aimed at the reform of the supervisory review procedure adopted by the State Duma at the first reading and certain developments of the domestic courts’ practice demonstrating the reduction of the use of the supervisory review procedure;

2. encouraged the Russian authorities to continue their close consultations with the Secretariat in order to ensure that the aforementioned reform fully takes note of the Convention requirements and effectively prevents new similar violations;

3. decided to resume consideration of this group of cases at their 1086th meeting (June 2010) (DH) in the light of the information on the progress of this reform to be submitted by the Russian authorities.

* * *

1078th DH meeting –4 March 2010

Section 4.3

- 90 cases against the Russian Federation

- 90 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. invited the Russian authorities to continue their consultations with the Secretariat with a view to presenting rapidly the results of these consultations in a revised version of the Memorandum CM/Inf/DH(2008)33 on general measures taken or planned, in particular on those related to domestic investigations, victims’ rights during investigation and remedies accessible to them as well as to the safeguards surrounding any deprivation of liberty, particularly in the course of the antiterrorist-related operations;

2. took note of the recent information provided by the Russian authorities on the state of domestic investigations in certain individual cases but noted that this information remains to be assessed;

3. decided to resume consideration of these cases at their 1086th meeting (June 2010) (DH).

* * *

1078th DH meeting – 4 March 2010

Section 4.3

- 1 case against Moldova

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

Decisions

The Deputies,

1. noted with satisfaction that the draft law aimed at annulling the right to social housing for twenty-three categories of persons was adopted and that this measure, as indicated by the European Court, is capable of solving the problem for the future;

2. took note of the action plan provided on the measures which are being taken or planned by the Moldovan authorities to provide solutions for the judgments granting social housing rights which already exist, as required by the pilot judgment of the Court;

3. decided to resume consideration of these cases at their 1086th meeting (DH) (June 2010) to assess the progress achieved in the implementation of the above measures, possibly on the basis of a draft interim resolution to be prepared by the Secretariat.

* * *

1078th DH meeting – 4 March 2010

Section 4.3

- 1 case against Turkey

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

Interim Resolutions CM/ResDH(2007)109 and CM/ResDH(2009)45, DD(2009)556

Decisions

The Deputies,

1. noted the reply of the Turkish Minister of Foreign Affairs to the letter of the Chairman of the Committee of Ministers dated 1 October 2009;

2. noted with satisfaction the commitment of the Turkish authorities to execute the judgment of the Court in the present case;

3. invited the Turkish authorities to provide concrete information on the work of legislative amendments mentioned in the above-mentioned response of the Turkish Minister for Foreign Affairs;

4. insisted that these changes should aim to provide redress to the applicant and prevent similar violations;

5. once again stressed the urgency and priority of the adoption of the measures necessary for the execution of the judgment;

6. decided to resume consideration of this case at their 1086th meeting (June 2010) (DH), in the light of additional information to be provided.

* * *

1078th DH meeting –4 March 2010

Section 4.3

- 1 case against the United Kingdom

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

Interim Resolution CM/ResDH(2009)160

Decisions

The Deputies,

1. recalled that in the present judgment, delivered on 6 October 2005, the Court found that the general, automatic and indiscriminate restriction on the right of convicted prisoners in custody to vote, fell outside any acceptable margin of appreciation and was incompatible with Article 3 of Protocol No. 1 to the Convention;

2. recalled further that at the last DH meeting in December 2009, the Committee of Ministers adopted Interim Resolution CM/ResDH(2009)160, in which it expressed serious concern that the substantial delay in implementing the judgment has given rise to a significant risk that the next United Kingdom general election, which must take place by June 2010, will be performed in a way that fails to comply with the Convention, and urged the respondent state to rapidly adopt measures to implement the judgment;

3. noted that notwithstanding the Grand Chamber’s judgment in 2005, a declaration of incompatibility with the Convention under the Human Rights Act 1998 by the highest civil appeal court in Scotland1 and the large number of persons affected, the said automatic and indiscriminate restriction remains in force;

4. reiterated their serious concern that a failure to implement the Court’s judgment before the general election and the increasing number of persons potentially affected by the restriction could result in similar violations affecting a significant category of persons, giving rise to a substantial risk of repetitive applications to the European Court;

5. strongly urged the authorities to rapidly adopt measures, of even an interim nature, to ensure the execution of the Court’s judgment before the forthcoming general election;

6. decided to resume consideration of this item at their 1086th meeting (June 2010) (DH) in the light of further information to be provided by the authorities on general measures.

* * *

1078th DH meeting –4 March 2010

Section 2.1

- 2 cases against Poland

17885/04 Orchowski, judgment of 22/10/2009, final on 22/01/2010

17599/05 Sikorski Norbert, judgment of 22/10/2009, final on 22/01/2010

Decisions

The Deputies,

1. recalled that the European Court found that overcrowding in Polish prisons and remand centres stems from a persistent structural dysfunction and underlined that consistent and long-term efforts by the authorities must be undertaken to achieve compliance with Article 3;

2. welcomed the information that Mr Sikorski has been conditionally released and Mr Orchowski transferred to a prison which is not affected by overcrowding;

3. noted that on 26 February 2010 the Polish authorities submitted an action report and an action plan, presenting practical measures taken and envisaged, as well as relevant legislative measures adopted or under way, intended to remedy the systemic problem of overcrowding in prisons and considered that this recent information still needed more in-depth assessment and some clarification;

4. underlined however that additional information is already necessary to allow full assessment, particularly on the impact of the measures adopted and on a provisional timetable, and on the impact expected from the additional measures envisaged;

5. thus strongly encouraged the authorities to continue their efforts to remedy the structural problem revealed by these judgments and to provide to the Committee the additional information awaited, as well as any relevant information on the implementation of the authorities’ action plan;

6. decided to resume consideration of these cases at their 1086th meeting (June 2010) (DH), in the light of the action report and action plan completed by the authorities.

* * *

1078th DH meeting –4 March 2010

Section 4.2

- 3 cases against Poland

23052/05 Kaprykowski, judgment of 03/02/2009, final on 03/05/2009

28300/06 Musiał Sławomir, judgment of 20/01/2009, final on 05/06/2009

44369/02 Wenerski, judgment of 20/01/2009, final on 20/04/2009

Decisions

The Deputies,

1. recalled the systemic nature of the problem of improper conditions of detention and lack of adequate medical treatment of detainees requiring special care in view of their state of health;

2. welcomed the information provided on Mr. Wenerski’s stable state of health and on the possibility for him to have the desired plastic surgery on his eye;

3. noted that on 26 February 2010 the Polish authorities submitted an action report and an action plan, presenting practical measures taken and envisaged to reform and modernise penitentiary health-care facilities, as well as some legislative measures under way and considered that this information required more detailed examination;

4. underlined, however, that additional information was already necessary to allow full assessment, particularly on the impact of the measures adopted and on a provisional timetable, and on the impact expected from the additional measures envisaged;

5. thus strongly encouraged the authorities to continue their efforts to remedy the structural problem revealed by these judgments and rapidly submit to the Committee the additional information awaited;

6. decided to resume consideration of these cases at their 1086th meeting (June 2010) (DH), in the light of the action report and action plan completed by the authorities.

* * *

1078th DH meeting –4 March 2010

Sections 2.1 and 4.2

- 347 cases against Ukraine

*40450/04 Yuriy Nikolayevich Ivanov, judgment of 15/10/2009, final on 15/01/2010

CM/Inf/DH(2007)30rev (English only) and CM/Inf/DH(2007)33

Interim Resolution CM/ResDH(2008)1, Interim Resolution CM/ResDH(2009)159

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

Decisions

The Deputies,

1. recalled the two Interim Resolutions and a number of decisions already adopted in the context of the Zhovner group of cases in which the Committee has repeatedly urged the Ukrainian authorities to rapidly adopt general measures to resolve the problem of non-execution of domestic judicial decisions;

2. noted with satisfaction in this context the swift response of the Ukrainian authorities to the pilot judgment of the European Court in the case of Yuriy Nikolayevich Ivanov by way of providing a plan of action, approved by the government decree, indicating the issues to be dealt with as a matter of priority;

3. underlined that in its pilot judgment the European Court set clear time-limits for the implementation of concrete measures, including the setting up of a remedy or combination of remedies to ensure effective redress in cases of non-execution or delayed execution of final judicial decisions;

4. stressed in this respect the utmost importance of timely compliance with the pilot judgment and called upon all relevant authorities in Ukraine to give priority to resolving rapidly the problems underlying the repetitive violations of the Convention by ensuring effective implementation of all necessary measures, including those listed in the plan of action;

5. invited the Ukrainian authorities to keep the Committee regularly informed on the progress of implementation of the action plan as well as on the other measures taken or envisaged;

6. decided to resume consideration of these cases at their 1086th meeting (June 2010) (DH) in the light of further information to be provided on progress regarding the implementation of the preliminary plan of action as well as on the other necessary measures.

* * *

1078th DH meeting –4 March 2010

Section 4.2

- 1 case against Armenia

32283/04 Meltex Ltd and Mesrop Movsesyan, judgment of 17/06/2008, final on 17/09/2008

Decisions

The Deputies,

1. took note with interest of the information provided by the Armenian government confirming the holding of a call for tenders, in which the applicant will be given the possibility to participate, in July 2010; recalled in this context the recommendations and declarations adopted by the Committee of Ministers on freedom of expression, media pluralism and diversity;

2. stressed the importance of the call for tender for the execution of this judgment and took note of the government’s position according to which, while awaiting the issue of the procedure, no measure is possible in favour of the applicant company because any measure other than an effective and transparent conduct of a tender process would lead to a situation in which the rights of third parties would be infringed;

3. invited the Armenian authorities to keep the Committee of Ministers informed of the progress of the call for tenders and recalled that detailed information on the developments regarding the remedies pursued by the applicant before the competent national judicial authorities is awaited;

4. decided to resume consideration of this item at the latest at their 1092nd meeting (September 2010) (DH), in the light of further information to be provided by the authorities.

* * *

1078th DH meeting –4 March 2010

Section 4.2

- 1 case against Azerbaijan

35877/04 Mahmudov and Agazade, judgment of 18/12/2008, final on 18/03/2009

Decisions

The Deputies,

1. took note of the information provided during the meeting by the authorities concerning the public discussion under way in Azerbaijan on decriminalisation of defamation;

2. recalled that in this judgment, the European Court reiterated its well-established case-law according to which the imposition of a prison sentence for a press offence is compatible with journalists’ freedom of expression only in exceptional circumstances, such as hate speech or incitement to violence;

3. invited the authorities to bring the relevant provisions of Azerbaijani legislation into conformity with this case-law, making use where appropriate of expertise available in the Council of Europe, in particular when reviewing the issue of proportionality of sanctions;

4. decided to resume consideration of this item at the latest at their 1092nd meeting (September 2010) (DH), in the light of information to be provided on general measures.

* * *

1078th DH meeting –4 March 2010

Section 4.2

- 1 case against Georgia

*38736/04 FC Mretebi, judgment of 31/07/2007, final on 30/01/2008, rectified on 24/01/2008

Decisions

The Deputies,

1. welcomed the draft amendments to the Code of civil procedure which will allow a judgment of the European Court of Human rights to be regarded as a new fact allowing the re-examination or the reopening of civil proceedings;

2. took note that these amendments, once adopted, will enable the FC Mretebi to ask for the re-examination of the proceedings, as suggested by the European Court in its judgment;

3. welcomed the fact that these amendments are part of the implementation of the Committee of Ministers’ Recommendation No. R (2000) 2 of to member states on the re-examination or reopening of certain cases at domestic level following judgements of the European Court of Human Rights;

4. decided to resume consideration of this item at the latest at their 1092nd meeting (September 2010) (DH), in the light of information to be provided on the follow-up of the procedure of amendment and on the individual measures awaited in this case.

* * *

1078th DH meeting –4 March 2010

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. recalled the progress made in the execution of this judgment, as summarised in the Committee of Ministers’ decision of 3 December 2009 (1072 DH meeting);

2. recalled the fact that a number of important questions remained outstanding, and that the Committee requested, accordingly, that the Secretariat rapidly clarify such questions bilaterally with the United Kingdom authorities;

3. welcomed the rapid organisation of the bilateral consultations and the constructive climate in which they were engaged and took note of the information provided as to the issues discussed and the results obtained (see also document DD(2010)119E);

4. noted in particular that following the Court’s judgment Article 8 of the Convention is now applicable to the retention of the data at issue so that the value of retention has to be weighed against the individuals’ right to respect for private life, but that the bilateral consultations have not so far permitted arrival at a common understanding as to how certain factors deemed relevant by the Court for this exercise are reflected in the current proposals, in particular as to whether

- the latest research material presented by the Government constitutes such an important development, as compared to the factors taken into account by the Court and the material available to it, as to now provide the “weighty reasons” required by the Court to justify a difference in treatment of persons in the applicants’ situation, compared to that of other unconvicted people (§123 of the judgment);

- the draft proposals have adequately addressed the problem identified by the Court that “there is no provision for independent review of the justification for the retention according to defined criteria, including such factors as the seriousness of the offence, previous arrests, the strength of the suspicion against the person and any other special circumstances” (§119 of the judgment).

5. noted in this context also the recent positions taken by the Information Commissioner in his expert evidence to the United Kingdom Parliament on 23 February 2010 and the United Kingdom Parliament Joint Committee of Human Rights on 2 March 2010;

6. recalled the urgency of resolving these outstanding issues as the Crime and Security Bill is currently being examined by Parliament;

7. welcomed the Secretariat’s and the United Kingdom authorities’ intention to continue their consultations and underlined the importance of rapidly conveying the results to the Committee in an appropriate form, accessible also for the national decision making process;

8. decided to resume consideration of this item at their 1086th meeting (June 2010) (DH).

* * *

1078th DH meeting –4 March 2010

Section 2.1

- 1 case against Bosnia and Herzegovina

*27996/06 Sejdić and Finci, judgment of 22/12/2009 – Grand Chamber

Decisions

The Deputies,

1. recalled that, on becoming a member of the Council of Europe in 2002, Bosnia and Herzegovina undertook to review within one year the electoral legislation in the light of the standards of the Convention, with the assistance of Venice Commission, and to revise it where necessary;

2. noted that the Committee of Ministers has underlined on a number of occasions the importance of bringing the Constitution of Bosnia and Herzegovina, as soon as possible, and in any case before the 2010 general elections, in line with the European Convention and has urged the political actors to renew the dialogue on constitutional reform without further delay;    

3. recalled that the Parliamentary Assembly of the Council of Europe has repeatedly invited the authorities of Bosnia and Herzegovina to ensure that the so-called “Others” were given an effective opportunity to stand for election to the Presidency of Bosnia and Herzegovina and to the House of Peoples of Bosnia and Herzegovina;

4. noted that the execution of this judgment will require a number of amendments to be introduced into the Constitution of Bosnia and Herzegovina and its electoral legislation; 

5. noted with interest that the authorities of  Bosnia and Herzegovina have begun the necessary work to launch the Constitutional reform in response to the judgment of the European Court in this case;

6. strongly encouraged the authorities of Bosnia and Herzegovina to enhance their efforts with a view to eliminating the existing discrimination concerning standing for election to the Presidency of Bosnia and Herzegovina and to the House of Peoples of Bosnia and Herzegovina; 

7. invited the authorities of Bosnia and Herzegovina to take into consideration the opinions of the Venice Commission while elaborating the measures to be taken;

8. decided to resume consideration of this case at their 1086th meeting (June 2010) (DH), in the light of further information on the integrated action plan and general and individual measures to be provided.

* * *

1078th DH meeting –4 March 2010

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 other, 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 as regards 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 these years;

2. encouraged the authorities to continue their efforts in this field and adopted Interim Resolution CM/ResDH(2010)34 as it appears in the Volume of Resolutions;

3. decided to resume consideration of the question of effective remedy at the latest at their 1100th meeting (December 2010) (DH) in the light of further information to be provided by the authorities in the Martins Castro case;

4. decided to resume consideration of the question of excessive length of judicial proceedings at the latest in mid-2011, in the light of further updated statistical data and information on general and individual measures.

* * *

1078th DH meeting –4 March 2010

Section 4.2

- 122 cases against Romania

      - 121 cases concerning the failure to restore or compensate for nationalised property sold by the state to third parties

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

75951/01 Viaşu, judgment of 09/12/2008, final on 09/03/2009

Decisions

The Deputies,

1. recalled that the questions raised in these cases concern an important systemic problem, related particularly to the failure to restore or award compensation for property which had been nationalised and subsequently sold by the state to third parties;

2. noted that the European Court underlined, in particular in the Viaşu judgment, that the problem had its origin in deficient Romanian legislation and an administrative practice concerning the restitution of nationalised property; that the authorities must assure, by appropriate legal and administrative measures, the effective and rapid implementation of the right to restitution and that those objectives might be chiefly achieved by amending the current restitution mechanism and establishing simplified and efficient procedures as a matter of urgency;

3. also noted that, given the large number of similar applications before it, the European Court has considered appropriate to apply the pilot judgment procedure in two cases raising the same issues [Solon against Romania (No. 33800/06) and Atanasiu and Poenaru against Romania (No. 30767/05)] ;

4. noted with interest in this context the action plan submitted by the Romanian authorities on 25 February 2010 and invited them to submit complementary information, in particular a projected calendar for the adoption of the measures envisaged;

5. recalled however that in order fully to assess the relevance of the measures proposed by the authorities, a comprehensive action report is needed on the measures taken to date, in particular precise and exhaustive statistical data on the current progress of the compensation process for owners whose property rights have been prejudiced and on the number of claimants yet to be compensated;

6. recalled that information is also still awaited on the current situation of a number of applicants;

7. decided to resume consideration of these items at the latest at their 1100th meeting (December 2010) (DH), in the light of additional information to be provided by the authorities on general measures, as well as on individual measures.

* * *

1078th DH meeting –4 March 2010

Section 4.2

- 31 cases against the Russian Federation

- 31 cases concerning poor conditions of detention, amounting to degrading treatment

47095/99 Kalashnikov, judgment of 15/07/02, final 15/10/02,

Interim Resolution ResDH(2003)123

1750/03 Andreyevskiy, judgment of 29/01/2009, final on 06/07/2009

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

22/03 Grigoryevskikh, judgment of 09/04/2009, final on 09/07/2009

30983/02 Grishin, judgment of 15/11/2007, final on 02/06/2008

36941/02 Gubkin, judgment of 23/04/2009, final on 23/07/2009

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

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

15217/07 Makarov Aleksandr, judgment of 12/03/2009, final on 14/09/2009

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

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

1606/02 Popov and Vorobyev, judgment of 23/04/2009, final on 23/07/2009

15591/03 Seleznev, judgment of 26/06/2008, final on 01/12/2008

23691/06 Shteyn (Stein), judgment of 18/06/2009, final on 18/09/2009

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

Decisions

The Deputies,

1. adopted Interim Resolution CM/ResDH(2010)35 as it appears in the Volume of Resolutions;

2. decided to resume consideration of this group of cases at the latest at their first DH meeting of 2011 in the light of the information to be provided on individual and general measures.

* * *

1078th DH meeting –4 March 2010

Section 4.2

- 3 cases against Turkey

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

*44587/98 Isaak, judgment of 24/06/2008, final on 24/09/2008

*36832/97 Solomou and others, judgment of 24/06/2008, final on 24/09/2008

Decisions

The Deputies,

Concerning the individual measures:

1. recalled, as regards the Kakoulli case, that the Prosecutor General found, in a decision of 28/03/2007, that a new investigation was impossible at present, particularly since Mr Kakoulli's body was buried in the southern part of Cyprus;

2. recalled that the Cypriot authorities have indicated in this respect that it would be possible to carry out a further forensic examination of Mr Kakoulli's body;

3. found that the other grounds indicated in support of the above mentioned decision do not seem sufficient to justify the absence of a new investigation;

4. considered that, in these circumstances, it is for the competent Turkish authorities to reassess the possibility of carrying out a new investigation into the death of Mr Kakoulli and invited them to submit information in this respect;

5. noted, furthermore, with concern that no information has been provided to date on the individual measures required in the cases of Isaak and Solomou and invited the Turkish authorities to submit information in this respect;

Concerning the general measures:

6. noted that it was not clear from the information provided that the regulatory framework governing the use of firearms by the security forces requires that the use of force must be “absolutely necessary”, that is to say strictly proportionate to the circumstances, and invited the Turkish authorities to provide clarifications in this respect;

7. recalled, moreover, that information is also awaited in the framework of the Isaak and Solomou cases, in particular on the regulatory framework governing the use of force and firearms by the police forces and on the measures taken to ensure that effective investigations are carried out into the killings of civilians in the northern part of Cyprus;

8. decided to resume consideration of these cases at the latest at their 1092nd meeting (September 2010) (DH).

1 The Registration Appeal Court of Scotland (part of the Court of Session): Smith v Scott 2007 S.L.T 137 judgment of 24/01/2007.



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