Ministers’ Deputies

Annotated agenda and decisions adopted

CM/Del/Dec(2011)1108 17 March 2011



1108th meeting (DH), 8 – 10 March 2011



List of those present page 3

A. General items – decisions adopted page 7

Item a: Adoption of the Agenda and Order of Business page 7

Item b: General questions

b.1 Supervision of the execution of judgments of the European Court of Human Rights –

Final draft annual report 2010 (DH-DD(2011)87; DH-DD(2011)87add) page 7

b.2 Measures to improve the execution of the judgments of the European Court of Human Rights

Proposals for the implementation of the Interlaken Declaration and Action Plan page 8

GT-SUIVI.Interlaken(2010)CB5

CM/Inf/DH(2010)37

CM/Inf/DH(2010)45 final

1. Classification of new judgments

- (a) standard page 8

- (b) enhanced page 8

1bis Transitory provisions

- Classification of new judgments which became final before
the entry into force of the new working methods

(a) standard page 9

(b) enhanced page 10

- Classification of pending cases before the entry into force
of the new working methods

(c) standard page 12

(d) enhanced page 15

2. Change of classification

- (a) from standard to enhanced page 18

- (b) from enhanced to standard page 18

3. Adoption of final resolutions page 19

4. New judgments awaiting classification page 22

B. Cases examined with debate – decisions adopted page 30

 

Cases

State

Applications

Judgments final on

1

FATULLAYEV

AZE

page 30

40984/07

4/10/2010

2

SEJDIC AND FINCI

BIH

page 33

27996/06

22/12/2009

3

SURMELI group (47 cases)

RUMPF

GER

page 35

75529/01

46344/06

08/06/2006

02/12/2010

4

HULKI GUNES and 3 similar cases

TUR

page 36

28490/95

19/09/2003

5

ULKE

TUR

page 37

39437/98

24/04/2006

6

HIRST No. 2

UK

page 38

74025/01

06/10/2005

7

AL-SAADOON AND MUFDHI

UK

page 39

61498/08

04/10/2010

9

XHERAJ

ALB

page 41

37959/02

01/12/2008

11

MIRZAYEV and 6 other cases

AZE

page 42

50187/06

03/03/2010

15

KLAUS AND YURI KILADZE

GEO

page 43

7975/06

02/05/2010

C. Cases examined without debate – decisions adopted page 44

 

Case

State

Application

Judgment

final

8

DRIZA and 5 other cases

ALB

page 44

33771/02

02/06/2008

10

CAKA

BERHANI

ALB

page 45

44023/02

847/05

08/03/2010

04/10/2010

12

M.S.S.

BEL + GRC

page 46

30696/09

21/01/2011

13

ORSUS AND OTHERS

CRO

page 47

15766/03

16/03/2010

14

BOUSARRA

FRA

page 48

25672/07

23/12/2010

16

PANDJIKIDZÉ AND OTHERS

GORGUILADZE

GEO

page 49

30323/02

4313/04

27/01/2010

20/01/2010

17

SAADI AND 10 OTHER CASES

ITA

page 50

37201/06

28/02/2008

18

BEN KHEMAIS

TRABELSI

ITA

page 51

246/07

50163/08

06/07/2009

13/07/2010

19

OLARU

MDA

page 52

476/07

28/10/2009

20

EVT COMPANY GROUP

SER

page 53

3102/05

21/09/2007

21

YURIY IVANOV +

ZHOVNER GROUP (386 cases)

UKR

page 54

40450/04

56848/00

13/01/2010

29/09/2004

D. Information on the following cases page 57

- 123 cases concerning security forces in the Chechen Republic

(See Appendix for the list of cases in the Khashiyev and Akayeva group)

List of appendices page 58

PRESENT / PRESENTS

The 1108th meeting (DH) of the Ministers’ Deputies opened on 8 March 2011 at 10.00 a.m. under the chairmanship of Mr M.Tochytskyi, Deputy for the Minister for Foreign Affairs of Ukraine. / La 1108e réunion des Délégués des Ministres est ouverte le 8 mars 2011 à 10h sous la présidence de M. M.Tochytskyi, Délégué du Ministre des Affaires étrangères de l'Ukraine.

ALBANIA / ALBANIE

Ms M. Gega

Mr F. Peni

Ms A. Doko

Ms L. Mandia

Ms E. Hajro

ANDORRA / ANDORRE

Mr J. Torres Falcó

Ms C. Rodríguez Galán

ARMENIA / ARMENIE

Mr Z. Mnatsakanian

Mr S. Kartashyan

AUSTRIA / AUTRICHE

Mr S. Rutkowski

AZERBAIJAN / AZERBAIDJAN

Mr A. Mammadov

Mr M. Kangarlinski

Mr A. Gunashov

BELGIUM / BELGIQUE

-

BOSNIA AND HERZEGOVINA / BOSNIE-HERZEGOVINE

Mr Z. Martinović

Ms M. Muharemagić

BULGARIA / BULGARIE

Mr A. Tehov

Mr A. Ananiev

Ms Y. Parparova

CROATIA / CROATIE

Ms A. Djamić

Mr I. Mintas

Ms M. Bašić

CYPRUS / CHYPRE

Mr E. Evriviades

Mr Y. Michaelides

CZECH REPUBLIC / REPUBLIQUE TCHEQUE

Mr T. Boček

Mr M. Bouček

DENMARK / DANEMARK

Mr C. von Barnekow

ESTONIA / ESTONIE

Ms K. Tikenberg

Mr E. Harremoes

FINLAND / FINLANDE

Ms A.-C. Krank

Ms T. Leikas-Botta

FRANCE

Ms M. Bilocq

Mr F. Liétout

GEORGIA / GEORGIE

Mr M. Jgenti

Mr M. Longurashvili

GERMANY / ALLEMAGNE

Mr J. Holzenberger

GREECE / GRECE

Mr A. Dendoulis

Mr D. Karabalis

Ms O. Patsopoulou

Ms V. Pelekou

HUNGARY / HONGRIE

Mr B. Horváth

ICELAND / ISLANDE

Mr J.L. Logason

IRELAND / IRLANDE

Mr R. Scannell

Mr S. Lawlor

ITALY / ITALIE

Mr S. Busetto

LATVIA / LETTONIE

Ms A. Liepina

LIECHTENSTEIN

Mr D. Ospelt

LITHUANIA / LITUANIE

Mr D. Šimaitis

LUXEMBOURG

Mr R. Mayer

Mr P. Mores

MALTA / MALTE

Mr J. Licari

Mr M. Pace

MOLDOVA

Mr D. Vataman

MONACO

-

MONTENEGRO

-

NETHERLANDS / PAYS-BAS

Ms E. Berends

Mr J. Rademaker

NORWAY / NORVEGE

Mr P. Wille

Mr J. Høvik

POLAND / POLOGNE

Mr A. Krawczyk

Mr R. Drzazga

Mr J. Sobczak

PORTUGAL

Mr P. Neves Pocinho

Mr L. Sequeira

ROMANIA / ROUMANIE

Mr C.H. Rogoveanu

Ms O. Rogoveanu

RUSSIAN FEDERATION / FEDERATION DE RUSSIE

Mr I. Podolskiy

Mr G. Matyushkin

Ms N. Zyabkina

Mr N. Mikhaylov

Mr M. Tokarev

SAN MARINO / SAINT-MARIN

Ms M. Bovi

SERBIA / SERBIE

Ms V. Radonjic-Rakic

Mr S. Carić

Ms V. Rodic

SLOVAK REPUBLIC / REPUBLIQUE SLOVAQUE

Ms S. Danová

Ms M. Pirošíková

Ms K. Čahojová

SLOVENIA / SLOVENIE

Mr D. Bergant

Mr L. Bembič

SPAIN / ESPAGNE

Ms M. Vilardell Coma

Mr P. Desportes

SWEDEN / SUEDE

Mr C.-H. Ehrenkrona

Ms F. Tamas-Hermelin

SWITZERLAND / SUISSE

Mr M. Wey

“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA” / L'"EX-REPUBLIQUE YOUGOSLAVE DE MACEDOINE"

Ms D. Zafirovska

TURKEY / TURQUIE

Ms N. Erdem-Ari

Ms D. Akçay

UKRAINE

Mr M. Tochytskyi, Chairman

Ms O. Pasheniuk

Mr N. Kulchytskyi

Ms I. Kushnir

UNITED KINGDOM / ROYAUME-UNI

Ms E. Fuller

Ms A. Sharif

Mr M. Ostler

*

* *

EUROPEAN UNION / UNION EUROPEENNE

Ms L. Pavan-Woolfe

Mr L.P. Tarin Martin

*

* *

A. General items – decisions adopted

Item a

Agenda and Order of Business

Decision

The Deputies adopted the Agenda which appears in document CM/Del/OJ/DH(2011)1108 and approved the Order of Business CM/Del/OT/DH(2011)1108, after having introduced the following changes:

The following cases, initially proposed without debate, will be taken with debate:

    - No. 9 XHERAJ

    - No. 11 MIRZAYEV and 6 other cases

    - No. 15 KLAUS AND YURI KILADZE

The Deputies took note of the statements made by the German delegation recognising the efforts made by the respective respondent states in the following cases for which it does not however request a debate:

    - No. 19 OLARU

    - No. 20 EVT COMPANY GROUP

    - No. 21 YURIY IVANOV + ZHOVNER GROUP (386 cases)

The Deputies took note of the clarifications given in response to the request of Swedish delegation on the draft decisions:

    - No. 12 M.S.S.

    - No. 18 BEN KHEMAIS - TRABELSI

Following a request from the delegation of Sweden, a discussion will be held concerning the KHASHIYEV GROUP.

At the request of several delegations, the case No. 1 FATULLAYEV against Azerbaijan will be taken at the end of the debates.

* * *

Item b

General questions

b.1 Supervision of the execution of judgments of the European Court of Human Rights –

Draft annual report 2010

DH-DD(2011)87; DH-DD(2011)87add, DH-DD(2011)87add2

DH - DD(2011)162: Draft annual report 2010 - Amendments proposed by France.

Decision

The Deputies adopted the Annual Report for 2010 as it appears in the final draft (document DH-DD(2011)87 as supplemented with DH-DD(2011)87add2 and the foreword by the Chairs of the Human Rights meetings as well as the remarks by the Director General of Human Rights and Legal Affairs1), it being understood that:

    - delegations have until 17 March 2011 to submit observations with respect to statistics and proposals for last, minor editorial changes;

    - the final text of the report will be deemed to be adopted on 17 March 2011 and that

    - the report will be made available to the public after the presentation of its printed version to the Committee of Ministers on 19 April 2011.

* * *

b.2 Measures to improve the execution of the judgments of the European Court of Human Rights -Proposals for the implementation of the Interlaken Declaration and Action Plan

GT-SUIVI.Interlaken(2010)CB5

CM/Inf/DH(2010)37

CM/Inf/DH(2010)45 final

No decision under this item.

* * *

Item 1

Classification of new judgments

(a) standard procedure

Decision

The Deputies,

1. noted that the judgments below have become final since 1 January 2011;

2. decided to examine these cases under the standard procedure.

State

Application Number

Case Name

Date of Judgment

Judgment final on

LITHUANIA

     
 

34932/04

PAKSAS

06/01/2011

06/01/2011

         

SLOVAK REPUBLIC

     
 

19334/03

DMD GROUP, A.S.

05/10/2010

05/01/2011

(b) enhanced procedure

Decision

The Deputies,

1. noted that the judgments below have become final since 1 January 2011;

2. decided to examine these cases under the enhanced procedure.

State

Application Number

Case Name

Date of Judgment

Date of Definitive Judgment

Classification indicator * / group

AZERBAIJAN

       
 

41177/08

SOLTANOV

13/01/2011

13/01/2011

MIRZAYEV GROUP

           

BELGIUM AND GREECE

     
 

30696/09

M.S.S.

21/01/2011

21/01/2011

Major structural and complex problem, [Urgent individual measures –Greece]

           

ROMANIA

       
 

30767/05

ATANASIU and POENARU

12/10/2010

12/01/2011

Pilot judgment

           

UKRAINE

       
 

16474/03

NAYDYON

14/10/2010

14/01/2011

Complex problem

Item 1 bis

Transitory provision

- Classification of new judgments which became final before the entry into force of the new working methods

(a) standard procedure

Decision

The Deputies,

1. noted that the judgments below have become final since their last DH meeting in December 2010;

2. decided to examine these cases under the standard procedure.

State

Application

Case

Date of Judgment

Judgment final on

Group

ARMENIA

       
 

25083/05

MAMIKONYAN

16/03/2010

04/10/2010

 

BELGIUM

       
 

665/08

HAKIMI

29/06/2010

29/09/2010

 
 

44418/07

PONCELET

30/03/2010

04/10/2010

 
 

926/05

TAXQUET

16/11/2010

16/11/2010

 

CROATIA

       
 

42998/08

HADI

01/07/2010

01/10/2010

 
 

48101/07

VUSIC

01/07/2010

01/10/2010

 

CYPRUS

       
 

14030/03

SHCHUKIN AND OTHERS

29/07/2010

29/10/2010

 

CZECH REPUBLIC

       
 

4824/06

MACREADY

22/04/2010

04/10/2010

 
 

41116/04

CRABTREE

25/02/2010

04/10/2010

 

FINLAND

       
 

40156/07

A.S.

28/09/2010

28/12/2010

W.

 

17038/04

GRONMARK

06/07/2010

06/10/2010

GRONMARK

 

36498/05

BACKLUND

06/07/2010

06/10/2010

FRANCE

       
 

22349/06

MANCEL and BRANQUART

24/06/2010

22/11/2010

 

ITALY

       
 

16318/07

MORETTI AND BENEDETTI

27/04/2010

22/11/2010

 
 

19675/06

VILLA

20/04/2010

04/10/2010

LIECHTENSTEIN

       
 

32763/08

SCHADLER AND OTHERS

21/10/2010

21/10/2010

 

MALTA

       
 

38816/07

DADOUCH

20/07/2010

20/10/2010

 
 

28221/08

GATT

27/07/2010

27/10/2010

 
 

24340/08

LOULED MASSOUD

27/07/2010

27/10/2010

 

MONTENEGRO

       
 

17931/07

GARZICIC

21/09/2010

21/12/2010

 
 

49337/07

MIJUSKOVIC

21/09/2010

21/12/2010

 

POLAND

       
 

41029/06

KURLOWICZ

22/06/2010

22/09/2010

SANOCKI

 

16651/05

CZAJKOWSKA AND OTHERS

13/07/2010

13/10/2010

 
 

29342/06

SUBICKA

14/09/2010

14/12/2010

 
 

54729/00

ADAMKIEWICZ

02/03/2010

04/10/2010

 

PORTUGAL

       
 

24768/06

PERDIGAO

16/11/2010

16/11/2010

 

SERBIA

       
 

28353/06

MOTION PICTURES GUARANTORS LTD

08/06/2010

08/09/2010

 

State

Application

Case

Date of Judgment

Judgment final on

Group

SPAIN

       
 

17122/07

MARCOS BARRIOS

21/09/2010

21/12/2010

IGUAL COLL

 

2507/07

SAN ARGIMIRO ISASA

28/09/2010

28/12/2010

 
 

25720/05

TENDAM

13/07/2010

13/10/2010

 

SWEDEN

       
 

39013/04

HANDOLSDALEN SAMI VILLAGE and Others

30/03/2010

04/10/2010

KLEMECO NORD AB

 

23505/09

N.

20/07/2010

20/10/2010

 

"THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

     
 

45150/05

SPASOVSKI

10/06/2010

10/09/2010

 

TURKEY

       
 

43453/04

GOZEL

06/07/2010

06/10/2010

 
 

44102/04

SAPAN

08/06/2010

08/09/2010

 

UKRAINE

       
 

73990/01

YUSHCHENKO AND OTHERS

15/07/2010

22/11/2010

 
 

16695/04

GAZETA UKRAINA-TSENTR

15/07/2010

15/10/2010

 
 

17674/02

DAVYDOV AND OTHERS

01/07/2010

01/10/2010

 

UNITED KINGDOM

       
 

7205/07

CLIFT

13/07/2010

22/11/2010

 
 

37060/06

J. M.

28/09/2010

28/12/2010

 

(b) enhanced procedure

Decision

The Deputies,

1. noted that the judgments below have become final since their last DH meeting in December 2010;

2. decided to examine these cases under the enhanced procedure.

State

Application

Case

Date of Judgment

judgment final on

Classification indicator */ Group

ARMENIA

       
 

5065/06

HOVHANNISYAN AND SHIROYAN

20/07/2010

20/10/2010

MINASYAN AND SEMERJYAN

 

13916/06

YERANOSYAN AND OTHERS

20/07/2010

20/10/2010

AZERBAIJAN

     
 

50766/07+

HAJIYEVA AND OTHERS

08/07/2010

08/10/2010

MIRZAYEV

 

50711/07+

ISGANDAROV AND OTHERS

08/07/2010

08/10/2010

MIRZAYEV

BOSNIA AND HERZEGOVINA

     
 

6518/04

DOKIC

27/05/2010

04/10/2010

Complex problem

FRANCE

     
 

25672/07

BOUSARRA

23/09/2010

23/12/2010

Urgent individual measures

GERMANY

       
 

46344/06

RUMPF

02/09/2010

02/12/2010

Pilot judgment

 

13868/08

DOERTOLUK

28/09/2010

28/09/2010

SÜRMELI

 

58616/09

GREBING

28/09/2010

28/09/2010

 

35749/07

J.U. (I)

28/09/2010

28/09/2010

 

40014/05

DORING

08/07/2010

08/10/2010

 

39778/07

DUDEK (I)

16/12/2010

16/12/2010

 

2693/07

EWALD

21/10/2010

21/10/2010

 

43155/08

GRUMANN

21/10/2010

21/10/2010

 

32513/08

NIESEN

21/10/2010

21/10/2010

 

2651/07

SCHLIEDERER

21/10/2010

21/10/2010

 

32936/09

TRAXLER

21/10/2010

21/10/2010

 

40009/04

VON KOESTER

07/01/2010

22/11/2010

 

38187/08

WAGNER

18/11/2010

18/11/2010

State

Application

Case

Date of Judgment

judgment final on

Classification indicator */ Group

GREECE

       
 

12186/08

A.A.

22/07/2010

22/10/2010

major structural and complex problem

IRELAND

       
 

25579/05

A. B. AND C.

16/12/2010

16/12/2010

Complex problem

POLAND

       
 

7710/02

GRZELAK

15/06/2010

22/11/2010

Complex problem

RUSSIAN FEDERATION

     
 

37542/05

ABAYEVA AND OTHERS

08/04/2010

04/10/2010

KHASHIYEV

 

20147/07

AKHMATKHANOVY

22/07/2010

22/11/2010

 

39676/06

ALAPAYEVY

03/06/2010

04/10/2010

 

1901/05

ALIYEVA

18/02/2010

04/10/2010

 

11354/05

BATAYEV AND OTHERS

17/06/2010

22/11/2010

 

8347/05

BENUYEVA AND OTHERS

22/07/2010

22/11/2010

 

3678/06

DZHABRAILOVY

20/05/2010

04/10/2010

 

20216/07

GELAYEVY

15/07/2010

22/11/2010

 

26966/06

ILYASOVA

10/06/2010

04/10/2010

 

16622/05

KHUTSAYEV AND OTHERS

27/05/2010

04/10/2010

 

33105/05

MUDAYEVY

08/04/2010

04/10/2010

 

43418/06

MUTAYEVA

22/04/2010

04/10/2010

 

38570/05

SADULAYEVA

08/04/2010

04/10/2010

 

20201/05

SERIYEVY

08/04/2010

04/10/2010

 

39685/06

SHAKHABOVA

12/05/2010

04/10/2010

 

9191/06

SULEYMANOVA

12/05/2010

04/10/2010

 

37541/05

TASATAYEVY

08/04/2010

04/10/2010

 

37461/05

TUPCHIYEVA

22/04/2010

04/10/2010

 

8345/05

UMALATOV AND OTHERS

08/04/2010

04/10/2010

 

2220/05

VAKAYEVA AND OTHERS

10/06/2010

04/10/2010

Transitory provision

- Classification of cases pending before the entry into force of the new working methods

(c) standard procedure

Decision

The Deputies decided to examine the following pending cases under the standard procedure.

State

Application

Case

Date of Judgment

Judgment final on

Group

ALBANIA

       
 

35853/04

BAJRAMI

12/12/2006, 18/12/2007

18/03/2008

 
 

19206/05

DAUTI

03/02/2009

03/05/2009

 

ARMENIA

       
 

26986/03

GALSTYAN

15/11/2007

15/02/2008

GALSTYAN

 

31553/03

AMIRYAN

13/01/2009

13/04/2009

 

33268/03

ASHUGHYAN

17/07/2008

01/12/2008

 

35944/03

GASPARYAN (No. 1)

13/01/2009

13/04/2009

 

22571/05

GASPARYAN (No. 2)

16/06/2009

16/09/2009

 

35738/03

SAPEYAN

13/01/2009

13/04/2009

 

45081/04

STEPANYAN

27/10/2009

27/01/2010

 

BELGIUM

       
 

48386/99

COTTIN

02/06/2005

02/09/2005

 
 

11287/03

LELIEVRE

08/11/2007

31/03/2008

 
 

32576/96

WYNEN

05/11/2002

05/02/2003

 

CYPRUS

       
 

73797/01

KYPRIANOU

15/12/2005

15/12/2005

 
 

31811/04

MICHAEL THEODOSSIOU LTD.

15/01/2009

15/04/2009

 
 

4268/04

PANOVITS

11/12/2008

11/03/2009

 
 

24407/04

ONOUFRIOU

07/01/2010

07/04/2010

 
 

62242/00

GREGORIOU

25/03/2003

09/07/2003

GREGORIOU

CZECH REPUBLIC

     
 

23499/06

HAVELKA AND OTHERS

21/06/2007

21/09/2007

 
 

23848/04

WALLOVA AND WALLA

26/10/2006

26/03/2007

 
 

72034/01

DRUZSTEVNI ZALOZNA PRIA AND OTHERS

31/07/2008, 21/01/2010

28/06/2010

 
 

19970/04

HUSAK

04/12/2008

04/03/2009

 
 

39298/04

KREJCIR

26/03/2009

26/06/2009

 
 

38238/04

FORMINSTER ENTERPRISES LIMITED

09/10/2008

09/01/2009

 
 

32921/03

KOHLHOFER AND MINARIK

15/10/2009

01/03/2010

 
 

298/07

RASHED

27/11/2008

27/02/2009

 
 

41486/98

BORANKOVA

07/01/2003

21/05/2003

BORANKOVA

FINLAND

       
 

18249/02

C.

09/05/2006

09/08/2006

 
           
 

3514/02

EERIKAINEN and Others

10/02/2009

13/03/2009

EERIKAINEN

 

25576/04

FLINKKILÄ AND OTHERS

06/04/2010

06/07/2010

EERIKAINEN

 

6372/06

ILTALEHTI AND KARHUVAARA

06/04/2010

06/07/2010

EERIKAINEN

 

43349/05

JOKITAIPALE AND OTHERS

06/04/2010

06/07/2010

EERIKAINEN

 

6806/06

SOILA

06/04/2010

06/07/2010

EERIKAINEN

 

25711/04

TUOMELA AND OTHERS

06/04/2010

06/07/2010

EERIKAINEN

 

50882/99

PETRI SALLINEN AND OTHERS

27/09/2005

27/12/2005

SALLINEN

 

19348/04

SORVISTO

13/01/2009

13/04/2009

SALLINEN

 

43151/02

SUURIPAA

12/01/2010

12/04/2010

 
 

40412/98

V.

24/04/2007

24/07/2007

 
 

22635/04

VILEN

17/02/2009

17/05/2009

 

State

Application

Case

Date of Judgment

Judgment final on

Group

FRANCE

       
 

5608/05

RENOLDE

16/10/2008

16/01/2009

 
 

9375/02

SAOUD

09/10/2007

09/01/2008

 

GEORGIA

       
 

28537/02

"IZA" LTD and MAKRAKHIDZE

27/09/2005

27/12/2005

IZA

 

2507/03

“AMAT-G“ LTD AND MEBAGHISHVILI

27/09/2005

15/02/2006

 

16277/07

KVITSIANI

21/07/2009

21/10/2009

 

71156/01

97 MEMBERS OF THE GLDANI CONGREGATION OF JEHOVAH'S WITNESSES & 4 OTHERS

03/05/2007

03/08/2007

 
 

23204/07

GHAVTADZE

03/03/2009

03/06/2009

GHAVTADZE

 

9870/07

POGHOSYAN

24/02/2009

24/05/2009

 

9103/04

THE GEORGIAN LABOUR PARTY

08/07/2008

08/10/2008

 

ITALY

       
 

38746/97

BUFFALO SRL EN LIQUIDATION

03/07/2003, 22/07/2004

15/12/2004

 
 

10427/02

RODA e BONFATTI

21/11/2006

26/03/2007

RODA

 

19537/03

CLEMENO AND OTHERS

21/10/2008

06/04/2009

 

29768/05

ERRICO

24/02/2009

24/05/2009

 
 

10180/04

PATRONO, CASCINI AND STEFANELLI

20/04/2006

20/07/2006

PATRONO

 

46967/07

C.G.I.L. AND COFFERATI

24/02/2009

06/07/2009

 

2/08

C.G.I.L. AND COFFERATI No. 2

06/04/2010

06/07/201

 

75909/01

SUD FONDI SRL AND OTHERS

20/01/2009

20/04/2009

 

LUXEMBOURG

       
 

24720/03

ALLIANCE CAPITAL (LUXEMBOURG) SA

18/01/2007

18/04/2007

 
 

63286/00

SCHUMACHER

25/11/2003

25/02/2004

SCHUMACHER

 

40327/02

CASSE

27/04/2006

27/07/2006

 

11282/05

ELECTRO DISTRIBUTION LUXEMBOURGEOISE (E.D.L.) S.A.

31/07/2007

31/10/2007

 

34471/04

JETZEN

04/03/2008

04/06/2008

 

33747/02

LAGHOUATI and others

05/04/2007

18/05/2007

 

73983/01

REZETTE

13/07/2004

13/10/2004

 

35704/06

SHORE TECHNOLOGIES

31/07/2008

31/10/2008

 

302/04

LEMMER and NEIERTZ

13/05/2008

13/05/2008

 
 

2113/04

SCHNEIDER

10/07/2007

10/10/2007

 
 

76240/01

WAGNER and J.M.W.L.

28/06/2007

28/09/2007

 

MONACO

       
 

43376/06

PRENCIPE

16/07/2009

16/10/2009

 

MALTA

       
 

47045/06

AMATO GAUCI

15/09/2009

15/12/2009

 
 

34539/02

DEBONO

07/02/2006

07/05/2006

DEBONO

 

15091/06

BEZZINA WETTINGER AND OTHERS

08/04/2008

08/07/2008

 

35829/03

CENTRAL MEDITERRANEAN DEVELOPMENT CORPORATION LIMITED

24/10/2006

24/01/2007

 

31122/05

GHIGO

26/09/2006, 17/07/2008

17/10/2008

GHIGO

 

17647/04

EDWARDS

24/10/200617/07/2008

24/01/2007

06/04/2009

 

35349/05

FLERI SOLER AND CAMILLERI

26/09/2006

17/07/2008

26/12/2006

17/10/2008

 

77562/01

LEONARD

29/07/2004

29/10/2004

 
 

26111/02

MIZZI

12/01/2006

12/04/2006

 
 

42583/06

SCHEMBRI AND OTHERS

10/11/2009, 28/09/2010

28/09/2010

 

State

Application

Case

Date of Judgment

Judgment final on

Group

POLAND

       
 

14480/04

A. E.

31/03/2009

30/06/2009

 
 

29761/03

BIALAS JANUSZ

28/07/2009

28/10/2009

 
 

12825/02

TABOR

27/06/2006

27/09/2006

TABOR

 

15670/02

BIZIUK

15/01/2008

15/04/2008

 

64916/01

BOBROWSKI

17/06/2008

01/12/2008

 

13526/07

MIROSLAW ORZECHOWSKI

13/01/2009

13/04/2009

 

18176/05

WIECZOREK

08/12/2009

08/03/2010

 

76396/01

ZAGAWA

15/01/2008

15/04/2008

 

14464/03

ZANIEWSKI

15/01/2008

15/04/2008

 

19206/03

BRUCZYNSKI

04/11/2008

04/02/2009

 
 

52589/99

SKIBINSCY

14/11/2006, 21/10/2008

06/04/2009

SKIBINSCY

 

10446/03

BUCZKIEWICZ

26/02/2008

26/05/2008

 

38185/02

PIETRZAK

08/01/2008

07/07/2008

 

17373/02

ROSINSKI

17/07/2007

17/10/2007

 

38672/02

SKRZYNSKI

06/09/2007

06/12/2007

 

11562/05

BYRZYKOWSKI

27/06/2006

27/09/2006

BYRZYKOWSKI

 

23039/02

WEBER AND OTHERS

27/04/2010

27/07/2010

 

22695/03

DEMSKI

04/11/2008

04/02/2009

DEMSKI

 

11300/03

KACHAN

03/11/2009

03/02/2010

 

46702/99

DZWONKOWSKI

12/04/2007

12/07/2007

DZWONKOWSKI

 

9258/04

MROZOWSKI

12/05/2009

12/08/2009

 

16381/05

POLANOWSKI

27/04/2010

27/07/2010

 

53025/99

FRANKOWICZ

16/12/2008

04/05/2009

 
 

22933/02

FRASIK

05/01/2010

05/04/2010

FRASIK

 

24023/03

JAREMOWICZ

05/01/2010

05/04/2010

 

26397/02

KORDOS

26/05/2009

26/08/2009

 
 

571/04

KUBASZEWSKI

02/02/2010

02/05/2010

 
 

27209/03

KULIS and ROZYCKI

06/10/2009

06/01/2010

 
 

28949/03

SANOCKI

17/07/2007

17/10/2007

SANOCKI

 

15601/02

KULIS

18/03/2008

18/06/2008

 

57659/00

KITA

08/07/2008

08/10/2008

 

11036/03

LADENT

18/03/2008

18/06/2008

 
 

77765/01

LASKOWSKA

13/03/2007

13/06/2007

 
 

77782/01

LUCZAK

27/11/2007

02/06/2008

 
 

26917/05

MOCARSKA

06/11/2007

06/02/2008

MOCARSKA

 

2369/09

KUMENDA

08/06/2010

08/09/2010

 

34151/04

PANKIEWICZ

12/02/2008

12/05/2008

 

10373/05

MOSKAL

15/09/2009

01/03/2010

 
 

25924/06

NOWINSKI

20/10/2009

20/01/2010

 
 

22279/04

PLECHANOW

07/07/2009

07/10/2009

PLECHANOW

 

38016/07

SIERPINSKI

03/11/200927/07/2010

03/02/2010

 

20310/02

PLONKA

31/03/2009

30/06/2009

 
 

21700/02

POLANSCY

07/07/2009

07/10/2009

 
 

52479/99

RYBACKI

13/01/2009

13/04/2009

 
 

19847/07

SOBOLEWSKI (no. 2)

09/06/2009

09/09/2009

SOBOLEWSKI GROUP

 

3818/04

SELIWIAK

21/07/2009

21/10/2009

 

31509/02

STRZALKOWSKI

09/06/2009

09/09/2009

 

6925/02

SZYMONSKI

10/10/2006

10/01/2007

 
 

74168/01

WILKOWICZ

04/11/2008

04/02/2009

 
 

20436/02

WOJTAS-KALETA

16/07/2009

16/10/2009

 

PORTUGAL

       
 

11182/03

COLACO MESTRE

26/04/2007

26/07/2007

COLACO MESTRE

 

41665/07

ALVES DA SILVA

20/10/2009

20/01/2010

 

20620/04

AZEVEDO

27/03/2008

27/06/2008

 

17107/05

CAMPOS DAMASO

24/04/2008

24/07/2008

State

Application

Case

Date of Judgment

Judgment final on

Group

ROMANIA

       
 

25787/04

GARDEAN and S.C. GRUP 95 S.A.

01/12/2009

01/03/2010

 
 

78039/01

GROSARU

02/03/2010

02/06/2010

 
 

38969/02

S.C. CONCORDIA INTERNATIONAL S.R.L. CONSTANTA

22/09/2009

22/12/2009

 

SPAIN

       
 

16012/06

GURGUCHIANI

15/12/2009

15/03/2010

 
 

37496/04

IGUAL COLL

10/03/2009

10/06/2009

 
 

36777/03

IRIBARREN PINILLOS

08/01/2009

08/04/2009

 
 

49151/07

MUNOZ DIAZ

08/12/2009

08/03/2010

 

SLOVAK REPUBLIC

     
 

67149/01

BERKOVA

24/03/2009

24/06/2009

 
 

30754/04

DVORACEK AND DVORACKOVA

28/07/2009

28/10/2009

 
 

8227/04

E. S. AND OTHERS

15/09/2009

15/12/2009

 
 

23083/05

HUDAKOVA AND OTHERS

27/04/2010

27/07/2010

 
 

32881/04

K.H. AND OTHERS

28/04/2009

06/11/2009

 
 

72094/01

KVASNICA

09/06/2009

09/09/2009

 
 

54252/07

LAWYER PARTNERS, a.s.

16/06/2009

06/11/2009

 
 

34761/03

LEXA (no. 2)

05/01/2010

05/04/2010

 

SWEDEN

       
 

28426/06

MENDEL

07/04/2009

07/07/2009

 
 

41827/07

R. C.

09/03/2010

09/06/2010

 
 

62332/00

SEGERSTEDT-WIBERG and Others

06/06/2006

06/09/2006

 

UNITED KINGDOM

       
 

3455/05

A. AND OTHERS

19/02/2009

19/02/2009

 
 

66746/01

CONNORS

27/05/2004

27/08/2004

 
 

821/03

FINANCIAL TIMES LTD and Others

15/12/2009

15/03/2010

 
 

4158/05

GILLAN AND QUINTON

12/01/2010

28/06/2010

 
 

45508/99

H.L.

05/10/2004

05/01/2005

 
 

26494/95

J.T.

30/03/2000

30/03/2000

 
 

19009/04

Mc CANN

13/05/2008

13/08/2008

 
 

19859/04

RICHARD ANDERSON

09/02/2010

09/05/2010

 
 

36936/05

SZULUK

02/06/2009

02/09/2009

 

(d) enhanced procedure

Decision

The Deputies decided to examine at the present meeting the following pending cases under the enhanced procedure.

State

Appli-cation

Case

Date of Judgment

Judgment final on

Classification indicator

Groups

ALBANIA

         
 

33771/02

DRIZA

13/11/2007

02/06/2008

Complex problem

DRIZA

 

7352/03

BESHIRI AND OTHERS

22/08/2006

12/02/2007

Complex problem

 

38222/02

RAMADHI AND 5 OTHERS

13/11/2007

02/06/2008

Complex problem

 

45264/04

HAMZARAJ (No. 1)

03/02/2009

06/07/2009

Complex problem

 

12306/04

NURI

03/02/2009

06/07/2009

Complex problem

 

35720/04

VRIONI

29/09/2009, 07/12/2010

07/12/2010

Complex problem

 

44023/02

CAKA

08/12/2009

08/03/2010

Urgent individual measures

 
 

37959/02

XHERAJ

29/07/2008

01/12/2008

Urgent individual measures

 

State

Appli-cation

Case

Date of Judgment

Judgment final on

Classification indicator

Groups

ARMENIA

         
 

27651/05

MINASYAN AND SEMERJYAN

23/06/2009

23/09/2009

Complex problem

MINASYAN AND SEMERJYAN

AZERBAIJAN

         
 

40984/07

FATULLAYEV

22/04/2010

04/10/2010

Urgent individual measures

 
 

50187/06

MIRZAYEV

03/12/2009

03/03/2010

Complex problem

MIRZAYEV

 

38798/07

GULMAMMADOVA

22/04/2010

22/07/2010

 

50757/07

HASANOV

22/04/2010

22/07/2010

 

17276/07

JAFAROV

11/02/2010

11/05/2010

BOSNIA AND HERZEGOVINA

       
 

39462/03

KARANOVIC

20/11/2007

20/02/2008

Important structural and complex problem

 
 

27996/06

SEJDIC

22/12/2009

22/12/2009

Complex problem

 

CROATIA

         
 

15766/03

ORSUS AND OTHERS

16/03/2010

16/03/2010

Complex problem

 

CYPRUS AND RUSSIAN FEDERATION

       
 

25965/04

RANTSEV

07/01/2010

10/05/2010

Complex problem

 

CZECH REPUBLIC

       
 

57325/00

D.H. AND OTHERS

07/02/2006, 13/11/2007

13/11/2007

Complex problem

 

FRANCE

         
 

70204/01

FREROT

12/06/2007

12/09/2007

Complex problem

 
 

39364/05

KHIDER

09/07/2009

09/10/2009

Complex problem

 

GEORGIA

         
 

7975/06

KLAUS AND YURI KILADZE

02/02/2010

02/05/2010

Complex problem

 
 

30323/02

PANDJIKIDZE AND OTHERS

27/10/2009

27/01/2010

Urgent individual measures

PANDJIKIDZE

 

4313/04

GORGUILADZE

20/10/2009

20/01/2010

GERMANY

         
 

75529/01

SURMELI

08/06/2006

08/06/2006

 

SURMELI

GREECE

         
 

35151/05

BEKIR-OUSTA AND OTHERS

11/10/2007

11/01/2008

Complex problem

BEKIR-OUSTA

 

34144/05

EMIN AND OTHERS

27/03/2008

01/12/2008

Complex problem

 

26698/05

TOURKIKI ENOSI XANTHIS AND OTHERS

27/03/2008

29/09/2008

Complex problem

 

8256/07

TABESH

26/11/2009

26/02/2010

major structural and complex problem

 
 

53541/07

S.D.

11/06/2009

11/09/2009

major structural and complex problem

 

ITALY

         
 

246/07

BEN KHEMAIS

24/02/2009

06/07/2009

Complex problem

BEN KHEMAIS

 

50163/08

TRABELSI

13/04/2010

13/07/2010

 

22461/93

CETERONI

15/11/1996

15/11/1996

Complex problem

CETERONI

 

64705/01

MOSTACCIUOLO GIUSEPPE (I)

29/03/2006

29/03/2006

Complex problem

MOSTACCIUOLO

State

Appli-cation

Case

Date of Judgment

Judgment final on

Classification indicator

Groups

 

37201/06

SAADI

28/02/2008

28/02/2008

Complex problem

SAADI

 

2638/07

ABDELHEDI

24/03/2009

14/09/2009

 

38128/06

BEN SALAH

24/03/2009

14/09/2009

 

46792/06

BOUYAHIA

24/03/2009

14/09/2009

 

44006/06

C.B.Z.

24/03/2009

14/09/2009

 

11549/05

DARRAJI

24/03/2009

14/09/2009

 

16201/07

HAMRAOUI

24/03/2009

14/09/2009

 

37257/06

O.

24/03/2009

14/09/2009

 

37336/06

SOLTANA

24/03/2009

14/09/2009

 

12584/08

SELLEM

05/05/2009

06/11/2009

MOLDOVA

         
 

476/07

OLARU

28/07/2009, 12/10/2010

28/10/2009, 12/01/2011

Pilot judgment

 

POLAND

         
 

23052/05

KAPRYKOWSKI

03/02/2009

03/05/2009

Complex problem

KAPRYKOWSKI

 

28300/06

MUSIAL SLAWOMIR

20/01/2009

05/06/2009

 

44369/02

WENERSKI

20/01/2009

20/04/2009

 

48/03

ANDRZEJ WIERZBICKI

19/01/2010

19/04/2010

Complex problem

 

38184/03

MATYJEK

24/04/2007

24/09/2007

Complex problem

MATYJEK

 

68761/01

BOBEK

17/07/2007

10/12/2007

 

50399/07

GORNY

08/06/2010

08/09/2010

 

34030/07

JALOWIECKI

17/02/2009

17/05/2009

 

37469/05

LUBOCH

15/01/2008

15/04/2008

 

38886/05

RASMUSSEN

28/04/2009

28/07/2009

 

23119/05

WRONA

05/01/2010

05/04/2010

 

17885/04

ORCHOWSKI

22/10/2009

22/01/2010

Complex problem

ORCHOWSKI

 

46004/99

SIKORSKI

09/11/2004

09/02/2005

 

5410/03

TYSIAC

20/03/2007

24/09/2007

Complex problem

 

PORTUGAL

         
 

33729/06

MARTINS CASTRO ET ALVES CORREIA DE CASTRO

10/06/2008

10/09/2008

Complex problem

MARTINS CASTRO

 

12750/07

ANTUNES

02/03/2010

02/06/2010

 

33661/06

ANTICOR-SOCIEDADE DE ANTI-CORROSÃO, LDA

23/02/2010

23/05/2010

 

46436/06

FERREIRA ALVES NO. 6

13/04/2010

13/07/2010

 

46595/06

PEREIRA

16/02/2010

16/05/2010

 

9273/07

GARCIA FRANCO AND OTHERS

22/06/2010

22/09/2010

ROMANIA

         
 

48102/99

57001/00

POPESCU +

STRAIN AND OTHERS

02/03/2004

21/07/2005

02/06/2004

30/11/2005

Pilot judgments

STRAIN

RUSSIAN FEDERATION

       
 

57942/00

KHASHIYEV

24/02/2005

06/07/2005

Complex problem

KHASHIYEV

SERBIA

         
 

3102/05

EVT COMPANY

21/06/2007

21/09/2007

Complex problem

EVT

State

Appli-cation

Case

Date of Judgment

Judgment final on

Classification indicator

Groups

SLOVAK REPUBLIC

       
 

2015/02

JAKUB

28/02/2006

28/05/2006

Complex problem

JAKUB

 

74258/01

URBARSKA OBEC TRENCIANSKE BISKUPICE

27/11/2007, 27/01/2009

27/04/2009

Complex problem

URBARSKA

 

58764/00

JENISOVA

03/11/2009

03/02/2010

 

28697/03

SALUS

03/11/2009

03/02/2010

 

6284/02

SEFCIKOVA

03/11/2009

03/02/2010

TURKEY

         
 

25781/94

CYPRUS

10/05/2001

10/05/2001

Inter-state case

 
 

28490/95

HULKI GUNES

19/06/2003

19/09/2003

Urgent individual measures

HULKI GUNES

 

72000/01

GOCMEN

17/10/2006

17/01/2007

 

46661/99

SOYLEMEZ

21/09/2006

21/12/2006

 

25060/02+

ERDAL ASLAN

02/12/2008

02/03/2009

 

39437/98

ULKE

24/01/2006

24/04/2006

Urgent individual measures

 
 

16064/90

VARNAVA AND OTHERS

18/09/2009

18/09/2009

Complex problem

 
 

46347/99

XENIDES-ARESTIS

22/12/2005, 07/12/2006

23/05/2007

Requested by the Secretariat, just satisfaction payment

 

UKRAINE

         
 

40450/04

YURIY NIKOLAYEVICH IVANOV

15/10/2009

15/01/2010

Pilot judgment

 
 

56848/00

ZHOVNER

29/06/2004

29/09/2004

Complex problem

ZHOVNER

UNITED KINGDOM

       
 

61498/08

AL-SAADOON & MUFDHI

02/03/2010

04/10/2010

Urgent individual measures

 
 

74025/01

HIRST (No. 2)

30/03/2004, 06/10/2005

06/10/2005

Complex problem

 
 

30562/04

S. AND MARPER

04/12/2008

04/12/2008

Complex problem

 

* * *

Item 2

Change of classification

(a) from standard to enhanced

No decision under this item.

(b) from enhanced to standard

No decision under this item.

* * *

Item 3

Adoption of final resolutions

Decision

The Deputies adopted the final resolutions set out in document CM/Del/Dec(2011)1108 Volume Resolutions, in respect of the judgments listed below:

- 2 cases against Belgium

17849/91 S.A. Pressos Compania Naviera and others, judgment of 20/11/95, Interim Resolution DH(99)724

12949/05 Delespesse, judgment of 27/03/2008, final on 27/06/2008

- 8 cases against Bulgaria

60018/00 Bonev, judgment of 08/06/2006, final on 08/09/2006

39272/98 M.C., judgment of 04/12/03, final on 04/03/04

44624/98 Prikyan and Angelova, judgment of 16/02/2006, final on 16/05/2006

47579/99 Raichinov, judgment of 20/04/2006, final on 20/07/2006

40476/98 Yanakiev, judgment of 10/08/2006, final on 10/11/2006

63778/00 Zeleni Balkani, judgment of 12/04/2007, final on 12/07/2007

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

- 10 cases against the Czech Republic

18642/04 Smatana, judgment of 27/09/2007, final on 31/03/2008

76576/01 Fešar, judgment of 13/11/2008, final on 06/04/2009

64935/01 Chmelíř, judgment of 07/07/2005, final on 12/10/2005

24021/03 Faltejsek, judgment of 15/05/2008, final on 15/08/2008

4401/03 Geco, a.s., judgment of 21/09/2006, final on 21/12/2006

33071/96 Malhous, judgment of 12/07/01 - Grand Chamber

35450/04 Melich and Beck, judgment of 24/07/2008, final on 24/10/2008

40593/05 Regálová, judgment of 03/07/2008, final on 03/10/2008

27088/05 Rechtová, judgment of 26/06/2008, final on 26/09/2008

75615/01 Štefanec, judgment of 18/07/2006, final on 18/10/2006

- 3 cases against Greece

43622/98 Malama, judgment of 01/03/01, final on 05/09/01 and judgment of 18/04/02 (Article 41), final on 18/07/02

15100/06 Pyrgiotakis, judgment of 21/02/2008, final on 29/09/2008

47020/99 Kolokithas, judgment of 07/06/01 - Friendly settlement

- 14 cases against Italy

40877/98 Cordova Agostino No. 1, judgment of 30/01/03, final on 30/04/03

45649/99 Cordova Agostino No. 2, judgment of 30/01/03, final on 30/04/03

73936/01 De Jorio, judgment of 03/06/2004, final on 10/11/2004

31127/96 E.P. No. 3, judgment of 06/11/99, revised le 03/05/2001 (Article 41)

23053/02 Ielo, judgment of 06/12/2005, final on 12/04/2006

22716/93 P.G. II, Interim Resolutions DH(97)18 and ResDH(2002)58

14025/88 Zubani, judgments of 07/08/96 and 16/06/99

43522/98 Grava, judgment of 10/07/03, final on 10/10/03

67780/01 Leoni Aldo, judgment of 26/01/2010, final on 26/04/2010

16508/04 Naranjo Hurtado, judgment of 03/07/2007, final on 03/10/2007

42644/02 Picaro, judgment of 09/06/2005, final on 30/11/2005

36732/97 Pisano, judgment of 24/10/02 - Striking-out - Grand Chamber

15349/06 Rizzotto, judgment of 24/04/2008, final on 24/07/2008

24418/03 Stolder, judgment of 01/12/2009, final on 10/05/2010

- 1 case against Moldova

32268/02 Malahov, judgment of 07/06/2007, final on 12/11/2007

- 17 cases against Poland

39742/05 Baranowski Piotr, judgment of 02/10/2007, final on 02/01/2008

45288/99 Ciągadlak, judgment of 01/07/03, final on 01/10/03

38670/97 Dewicka, judgment of 04/04/00, final on 04/07/00

26229/95 Gawęda, judgment of 14/03/02

71891/01 Hałka and others, judgment of 02/07/02, final on 02/10/02

31382/96 Kurzac, judgment of 22/02/01, final on 22/05/01

24244/94 Migoń, judgment of 25/06/02, final on 25/09/02

29537/95+ Radaj, judgment of 28/11/02, final on 28/02/03

35489/97 Sałapa, judgment of 19/12/02, final on 19/03/03

68880/01 Schirmer, judgment of 21/09/2004, final on 21/12/2004

41187/02 Szwagrun-Baurycza, judgment of 24/10/2006, final on 24/01/2007

38064/97 Turczanik, judgment of 05/07/2005, final on 30/11/2005

26760/95 Werner, judgment of 15/11/01

18235/02 Dąbrowski, judgment of 19/12/2006, final on 19/03/2007

51744/99 Kwiecień, judgment of 09/01/2007, final on 09/04/2007

43797/98 Malisiewicz-Gąsior, judgment of 06/04/2006, final on 06/07/2006

43425/98 Skałka, judgment of 27/05/03, final on 27/08/03, rectified on 16/09/03

- 27 cases against Romania

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

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

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

35077/02 Licu, judgment of 04/03/2008, final on 04/06/2008

24466/03 Urbanovici, judgment of 23/09/2008, final on 23/12/2008

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

32297/04 Bindea, judgment of 05/05/2009, final on 05/08/2009

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

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

42930/98 Crişan, judgment of 27/05/03, final on 27/08/03

5048/02 Macovei and others, judgment of 21/06/2007, final on 21/09/2007

26600/02 Konolos, judgment of 07/02/2008, final on 07/05/2008

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

4227/02 Iorga, judgment of 25/01/2007, final on 25/04/2007

41134/98 Glod, judgment of 16/09/03, final on 16/12/03

15741/03 Visan, judgment of 24/04/2008, final on 24/07/2008

16382/03 Bota, judgment of 4/11/2008, final on 4/02/2009

4234/04 Sergiu Popescu, judgment of 16/12/2008, final on 16/03/2009

17771/03 Precup, judgment of 27/01/2009, final on 27/04/2009

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

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

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

28871/95 Constantinescu, judgment of 27/06/00

77364/01 Ilişescu and Chiforec, judgment of 01/12/2005, final on 01/03/2006

41250/02 Mircea, judgment of 29/03/2007, final on 29/06/2007

42512/02 Mihaiu, judgment of 4/11/2008, final on 4/02/2009

30699/02 Marin, judgment of 03/02/2009, final on 03/05/2009

- 1 case against the Russian Federation

30138/02 Nurmagomedov, judgment of 07/06/2007, final on 07/09/2007

- 21 cases against the Slovak Republic

7510/04 Kontrová, judgment of 31/05/2007, final on 24/09/2007

8607/02 Cabala, judgment of 06/09/2007, final on 06/12/2007

7205/02 Stanková, judgment of 09/10/2007, final on 31/03/2008

29032/95 Feldek, judgment of 12/07/01, final on 12/10/01

32686/96 Marônek, judgment of 19/04/01, final on 19/07/01

39753/98 König, judgment of 20/01/04, final on 20/04/04

49418/99 Hrico, judgment of 20/07/2004, final on 20/10/2004

19011/05 Tomčáni, judgment of 29/09/2009, final on 29/12/2009

39359/98 Pavletić, judgment of 22/06/2004, final on 10/11/2004

41784/98 A.B., judgment of 04/03/03, final on 04/06/03

43377/98 Žiačik, judgment of 07/01/03, final on 07/04/03

47227/99 Baková, judgment of 12/11/02, final on 12/02/03

53371/99 Čanády, judgment of 16/11/2004, final on 30/03/2005

18268/03 Čanády No. 2, judgment of 20/10/2009, final on 20/01/2010

54822/00 Micovčin, judgment of 27/05/03 - Friendly settlement

    64001/00 Mikulová, judgment of 06/12/05, final on 06/03/06

    65575/01 Hornáček, judgment of 06/12/05, final on 06/03/06

69208/01 Šmál, judgment of 07/11/2006, final on 07/02/2007

54797/00 H.F., judgment of 08/11/2005, final on 08/02/2006

69146/01 Babylonová, judgment of 20/06/2006, final on 20/09/2006

24528/02 Borovský, judgment of 02/06/2009, final on 02/09/2009

- 1 case against Ukraine

13156/02 Ponomarenko, judgment of 14/06/2007, final on 14/09/2007

- 5 cases against the United Kingdom

37471/97 Faulkner William, judgment of 04/06/02, final on 04/09/02

32340/96 Curley, judgment of 28/03/00, final on 28/06/00

47114/99 Taylor-Sabori, judgment of 22/10/02, final on 22/01/03

48539/99 Allan, judgment of 05/11/02, final on 05/02/03

23414/02 Wood Clayton, judgment of 16/11/2004, final on 16/02/2005

* * *

Item 4

List of new judgments awaiting classification

Decision

The Deputies noted that the following judgments had been transmitted by the Court under Article 46, paragraph 2, of the Convention and that proposals for their classification would be submitted subsequently.

APPLICATION

REQUÊTE

CASE / AFFAIRE

JUDGMENT OF / ARRÊT DU

FINAL ON / DÉFINITIF LE

GROUP / GROUPE

ALBANIA / ALBANIE

     

609/07

PUTO AND OTHERS

20/07/2010

22/11/2010

 
         

AUSTRIA / AUTRICHE

     

20201/04

FRODL

08/04/2010

04/10/2010

 

18984/02

P.B. AND J.S

22/07/2010

22/10/2010

 

36942/05

EUROPEAN UNIVERSITY PRESS GMBH

24/06/2010

24/09/2010

 

38663/06

MLADOSCHOVITZ

15/07/2010

15/10/2010

 

18283/06

FRAGNER

23/09/2010

23/12/2010

ORTNER

         

AZERBAIJAN / AZERBAIDJAN

     

20799/06

KERIMOVA

30/09/2010

30/12/2010

 
         

BULGARIA / BULGARIE

     

69180/01

KARANDJA

07/10/2010

07/01/2011

TZEKOV

2747/02

VACHKOVI

08/07/2010

08/10/2010

272/05+

VLAEVI

02/09/2010

02/12/2010

1537/08

KAUSHAL AND OTHERS

02/09/2010

02/12/2010

C.G.

9411/05

DANEV

02/09/2010

02/12/2010

 

29381/04

STOYCHEV

21/12/2010

 

1399/04

PETKOV

09/12/2010

 

PETROV

11373/04

SHOPOV

02/09/2010

02/12/2010

 

21558/03

MINCHEVA

02/09/2010

02/12/2010

 

71835/01

PATRIKOVA

04/03/2010

22/11/2010

 

3413/05

GEORGIEVA AND MUKAREVA

02/09/2010

02/12/2010

VELIKOVI AND OTHERS

40149/05

MADZHAROV

02/09/2010

02/12/2010

17241/06

YONKOV

02/09/2010

02/12/2010

25051/02

TILEV

27/05/2010

22/11/2010

POPNIKOLOV

APPLICATION

REQUÊTE

CASE / AFFAIRE

JUDGMENT OF / ARRÊT DU

FINAL ON / DÉFINITIF LE

GROUP / GROUPE

2930/04

DEYANOV

30/09/2010

30/12/2010

DJANGOZOV

5191/05

DZHAGAROVA AND OTHERS

02/09/2010

02/12/2010

4434/05

NIKOVA

21/12/2010

 

28936/03

VELIKIN AND OTHERS

02/09/2010

02/12/2010

20484/05

ARABADZHIEV AND ALEXIEV

21/12/2010

 

KITOV

19315/04

ATANASOV

09/12/2010

 

39034/04

DORON

14/10/2010

 

27776/04

IVANOV

25/11/2010

 

21205/04

KOLEV ILIYA

13/01/2011

 

33231/04

KONOVSKI

02/09/2010

02/12/2010

35549/04

KOSTOV AND OTHERS

16/12/2010

 

27240/04

GEORGIEV RUMEN

14/10/2010

 

27402/05

NACHEV

21/12/2010

 

65417/01

PETKOV ROSEN

02/09/2010

02/12/2010

4570/05

YANKOV AND OTHERS

23/09/2010

23/12/2010

         

CROATIA / CROATIE

     

34830/07

KVARTUČ NO.2

22/04/2010

04/10/2010

JAKUPOVIC

9143/08

ŠIKIĆ

15/07/2010

15/10/2010

POCUCA

45190/07

JEANS

13/01/2011

   
         

CZECH REPUBLIC / REPUBLIQUE TCHEQUE

   

35836/05

ADAMICEK

12/10/2010

12/01/2011

 
         

FINLAND / FINLANDE

     

37520/07

NISKASAARI AND OTHERS FINAL ON

06/07/2010,

06/10/2010

EERIKÄINEN

37751/07

MARIAPORI

06/07/2010

06/10/2010

184/06

SAARISTO AND OTHERS

12/10/2010

12/01/2011

45981/08

SEPPÄLA

11/01/2011

 

KANGASLUOMA

         

FRANCE

       

34875/07

DUMAS

15/07/2010

15/10/2010

PATUREL

         

GERMANY / ALLEMAGNE

     

1620/03

SCHÜTH

23/09/2010

23/12/2010

 
         

GREECE / GRECE

     

2954/07

STEFANOU

22/04/2010

04/10/2010

MAKARATZIS

24779/08

ANAGNOSTOU-DEDOULI

16/09/2010

16/12/2010

BEKA-KOULOCHERI

17588/08

VOGIATZIS AND OTHERS

01/07/2010

01/10/2010

40876/07

BALA

01/07/2010

01/10/2010

GIOSAKIS

30604/07

MELIS

22/07/2010

22/10/2010

 

57072/08

ANASTASOPOULOS

13/01/2011

 

MANIOS

205/08

KOTARIDIS

15/07/2010

15/10/2010

50581/08

STASINOPOULOU

13/01/2011

 

13902/08

YILMAZ

25/11/2010

 

23377/08

ALEXAKIS

21/10/2010

 

5179/09

KALLITSIS

13/01/2011

 

24089/08

KOUKOURIS

16/09/2010

16/12/2010

51382/08

KYRIAZIS AND OTHERS

16/09/2010

16/12/2010

54837/08

MATOU AND OTHERS

22/07/2010

22/10/2010

53311/08

PAPADOPOULOU

16/09/2010

16/12/2010

51408/07

SAKKATOS AND OTHERS

25/11/2010

 

23929/08

SIAKAPETI AND OTHERS

13/01/2011

 

41582/08

STAMATIS

13/01/2011

 

5716/08

LORANDOU

13/01/2011

 

23916/08

PAGONIS

13/01/2011

 

12929/08

SERAFIMIDIS

25/11/2010

 

41762/08

TSIVELIS

13/01/2011

 

28627/08

GLENTZES

13/01/2011

 

PAPAZOGLOU AND OTHERS

53351/07

PETRIDIS

22/07/2010

22/10/2010

12286/08

TSOUKALAS

22/07/2010

22/10/2010

         

HUNGARY / HONGRIE

     

33068/05

TURAN

06/07/2010

06/10/2010

 

44413/05

BARATI

11/01/2011

   

35569/05

HATALA

30/11/2010

 

35701/05

LAKATOS JANOS

11/01/2011

 
         

ITALY / ITALIE

     

26314/03+

BACCINI AND ARTUZZI

22/06/2010

22/09/2010

MOSTACCIUOLO

19877/03+

BRIGNOLI AND OTHERS

18/05/2010

04/10/2010

7253/03+

CIAMPA AND OTHERS

22/06/2010

22/09/2010

3978/03

CONCERIA MADERA S.R.L. NO. 2

21/09/2010

21/12/2010

32851/02

MARCON

27/07/2010

27/10/2010

26334/03+

PALA MOBILI SNC AND OTHERS

27/07/2010

27/10/2010

26311/03+

REINA AND OTHERS

28/09/2010

28/12/2010

676/03+

ROSSI AND IULIANO AND OTHERS

22/06/2010

22/09/2010

4428/04+

TOSCANA RESTAURA S.A.S. AND AZIENDA AGRICOLA S. CUMANO S.R.L.

22/06/2010

22/09/2010

         

LITHUANIA / LITUANIE

     

35601/04

POCIUS

06/07/2010

06/10/2010

UZUKAUSKAS

16965/04

UZUKAUSKAS

06/07/2010

06/10/2010

 

17095/02

BALCIUNAS

20/07/2010

20/10/2010

JECIUS

         

LUXEMBOURG

     

49375/07

EWERT

22/07/2010

22/10/2010

KEMP AND OTHERS

29733/08

RAUSCH

08/07/2010

08/10/2010

SCHUMACHER

         

MOLDOVA

       

7481/06

CIORAP NO. 2

20/07/2010

20/10/2010

HOMOLIOV

35208/06

PARNOV

13/07/2010

13/10/2010

CORSACOV

36552/02

VETRENKO

18/05/2010

04/10/2010

 

6991/08+

HYDE PRK AND OTHERS NOS 5 AND 6

14/09/2010

14/12/2010

HYDE PARK AND OTHERS

20928/05

PETRENCO

30/03/2010

04/10/2010

 

37811/04

PANOV

13/07/2010

13/10/2010

LUNTRE

         

NETHERLANDS / PAYS-BAS

     

4900/06

A.

20/07/2010

20/10/2010

 
         

POLAND / POLOGNE

     

15952/09

ROKOSZ

27/07/2010

27/10/2010

 

56334/08

JEDRZEJCZAK

11/10/2011

 

SIALKOWSKA

20520/08

KOCUREK

26/10/2010

 

34851/07

KRAMARZ

05/10/2010

 

17656/06

SZPARAG

05/10/2010

 

40459/05

URBANOWICZ

05/10/2010

 

648/02

ZAWADZKI JAN

06/07/2010

06/10/2010

42332/06

BEREZA NO. 2

19/10/2010

   

6820/07

PRZYJEMSKI

05/10/2010

 

48242/06

GIZA

13/07/2010

13/10/2010

 

APPLICATION

REQUÊTE

CASE / AFFAIRE

JUDGMENT OF / ARRÊT DU

FINAL ON / DÉFINITIF LE

GROUP / GROUPE

40153/09

BARANOWSKI GRZEGORZ

09/11/2010

 

TRZASKA AND KAUCZOR

23623/07

JARKIEWICZ

06/07/2010

06/10/2010

17888/07

JASARI

12/10/2010

 

42146/07

POLANSKI

12/10/2010

 

3360/09

ANTCZAK

09/11/2010

 

KUDLA

36262/08

FLIEGER

22/06/2010

22/09/2010

24216/06

GLADKOWSKI PAWEL FINAL ON

29/06/2010

22/11/2010

30030/06

FLORCZYK AND OTHERS

12/10/2010

 

FUCHS

26764/08

GAWLIK

11/10/2011

 

1730/08

GLOWACKA AND KROLICKA

07/12/2010

 

9261/02

ISKRZYCCY

14/09/2010

14/12/2010

41265/05

MAZUREK

11/10/2011

 

15910/08

PIOTROWSKI MIKOŁAJ

12/10/2010

 

35965/03

ZJEDNOCZONE BROWARY WARSZAWSKIE HABERBUSCH I SCHIELE S.A.

14/12/2010

 

30523/07

ADAMCZUK

17/07/2008

04/10/2010

PODBIELSKI

6433/09

IWANKIEWICZ

07/12/2010

 

39836/09

KLIK

07/12/2010

 

47611/07

KOZLOWSKI JANUSZ LESZEK

08/06/2010

22/11/2010

42205/08

REJZMUND

06/07/2010

06/10/2010

         

PORTUGAL

     

46194/06

STEGARESCU AND BAHRIN

06/04/2010

04/10/2010

 

24678/06+

FERNANDES FORMIGAL DE ARRIAGA AND 15 OTHER CASES “AGRARIAN REFORM”

13/07/2010

13/10/2010

CARVALHO ACABADO

25038/06

MONTEIRO DE BARROS DE MATTOS E SILVA ADEGAS COELHO AND OTHERS

13/07/2010

13/10/2010

         

ROMANIA / ROUMANIE

     

45661/99

CARABULEA

13/07/2010

13/10/2010

ANGHELESCU BARBU No. 1

4390/03

GHIGA CHIUJDEA

05/10/2010

05/01/2011

10675/03

DIMAKOS

06/07/2010

22/11/2010

BRAGADIREANU

37186/03

FLOREA

14/09/2010

14/12/2010

14262/03

RACAREANU

01/06/2010

04/10/2010

346210/03

AHMED

13/07/2010

13/10/2010

AL-AGHA

35104/02

DEGERATU

06/07/2010

06/10/2010

PANTEA

25842/03

NICUT-TANASESCU

06/07/2010

06/10/2010

19234/04

BACILA

30/03/2010

04/10/2010

TATAR

884/04

BAJANARU

21/09/2010

21/12/2010

STRAIN AND OTHERS AND POPESCU SABIN

4503/06

PAVEL ANA

16/03/2010

04/10/2010

2617/04

POPA AND ALECSANDRU

23/03/2010

04/10/2010

39312/07

STOMFF

02/03/2010

04/10/2010

6332/04

POPESCU ION

27/07/2010

22/11/2010

RUIANU

31760/06

S.C. PRODCOMEXIM S.R.L. NO. 2

06/07/2010

06/10/2010

23507/04

SC VALIE PROD SRL

23/03/2010

04/10/2010

 

12221/06

STOIAN

12/10/2010

 

48269/08

POSTOLACHE NO. 2

06/07/2010

22/11/2010

WEISSMAN AND OTHERS

28194/03

ALECU

27/07/2010

27/10/2010

NICOLAU

26036/02

CENOIU AND OTHERS

02/03/2010

04/10/2010

28529/04

SC PLACEBO CONSULT SRL

21/09/2010

21/12/2010

APPLICATION

REQUÊTE

CASE / AFFAIRE

JUDGMENT OF / ARRÊT DU

FINAL ON / DÉFINITIF LE

GROUP / GROUPE

34728/02

ABABEI

27/07/2010

27/10/2010

STOIANOVA AND NEDELCU

37188/06

BALLAI

21/09/2010

21/12/2010

24193/07

VITCOVSCHI

02/11/2010

 
         

RUSSIAN FEDERATION / FEDERATION DE RUSSIE

   

32968/05

ABDURASHIDOVA

08/04/2010

04/10/2010

 

12463/05

KHATUYEVA

22/04/2010

04/10/2010

 

2952/06

MUTSOLGOVA AND OTHERS

01/04/2010

04/10/2010

26974/06

TOVSULTANOVA

17/06/2010

04/10/2010

33512/04

KOROGODINA

30/09/2010

30/12/2010

 

14049/08

ISAKOV ABDULAZHON

08/07/2010

22/11/2010

GARABAYEV

21055/09

KHAYDAROV

20/05/2010

04/10/2010

24268/08

KLEIN

01/04/2010

04/10/2010

52466/08

KHODZHAYEV

12/05/2010

04/10/2010

26876/08

KOLESNIK

17/06/2010

22/11/2010

19732/04

KONONTSEV

29/07/2010

29/10/2010

1248/09

YULDASHEV

08/07/2010

22/11/2010

4176/03

DANILIN

16/09/2010

16/12/2010

KALASHNIKOV

38711/03

GOROSHCHENYA

22/04/2010

04/10/2010

14797/02

MATVEYEV ALEKSANDR

08/07/2010

08/10/2010

25432/05

SKACHKOV

07/10/2010

07/01/2011

24202/05

VELIYEV

24/06/2010

24/09/2010

42255/04

NEDAYBORSHCH

01/07/2010

01/10/2010

FEDOTOV

58939/00

KOUZMIN

18/03/2010

04/10/2010

 

37463/04

AKHMETOV

01/04/2010

04/10/2010

POPOV

75472/01

AYRAPETYAN TIGRAN

16/09/2010

16/12/2010

 

18825/02

DMITRACHKOV

16/09/2010

16/12/2010

 

42837/04

NIKIFOROV, RECTIFIED ON 02/07/2010

01/07/2010

22/11/2010

16266/03

SHERSTOBITOV

10/06/2010

22/11/2010

14146/02

ARTYOMOV

27/05/2010

04/10/2010

DEDOVSKIY AND OTHERS

7772/04

KRIVONOSOV VLADIMIR

15/07/2010

22/11/2010

SALMANOV

9487/02

MEDVEDEV

15/07/2010

15/10/2010

KLYAKHIN

21731/03+

SAMOSHENKOV AND STROKOV

22/07/2010

22/10/2010

8998/05

SHAPOSHNIKOV

29/07/2010

29/10/2010

21272/03

SAKHNOVSKIY

02/11/2010

   

26321/03

BIK

22/04/2010

04/10/2010

 

37024/02

SEVASTYANOV

22/04/2010

04/10/2010

 

72250/01

LOPATA

13/07/2010

13/10/2010

 

42371/02

PAVLENKO

01/04/2010

04/10/2010

PISHCHALNIKOV

5447/03

KOROLEV NO. 2

01/04/2010

04/10/2010

MENCHINSKAYA

22596/04

AKHMATOVA

21/10/2010

 

MOKRUSHINA

4543/04

GEORGIY NIKOLAYEVICH MIKHAYLOV

01/04/2010

04/10/2010

 

12111/04

TIMOFEYEV SERGEI

02/09/2010

02/12/2010

SAMOKHVALOV

302/02

JEHOVAH’S WITNESSES OF MOSCOW 10

/06/2010

22/11/2010

 

10941/03

BEZYMYANNYY

08/04/2010

04/10/2010

KAZAKOV

16903/03

DENISOVA AND MOISEYEVA

01/04/2010

04/10/2010

 

27191/02

SPK DIMSKIY

18/03/2010

04/10/2010

MALYSH AND OTHERS

24461/02

TRONIN

18/03/2010

04/10/2010

24086/04

BULYCHEVY

08/04/2010

04/10/2010

TIMOFEYEV

3006/03

KUZNETSOVA GALINA

29/07/2010

29/10/2010

43578/06+

MATVEYEV AND OTHERS

30/09/2010

30/12/2010

47486/07

NIKITINA

15/07/2010

15/10/2010

25270/06

SALIKOVA

15/07/2010

15/10/2010

6239/04

SMETANKO

29/04/2010

04/10/2010

1387/04

YERSHOVA

08/04/2010

04/10/2010

53051/08

KOLOSKOVA

21/10/2010

 

PRAVEDNAYA

33201/08+

ZAVEDEYEVA AND OTHER “PRIVILEDGED PENSIONERS”

21/10/2010

 

7182/03+

DAVLETKHANOV AND OTHER “CHERNOBYL PENSIONERS”

23/09/2010

23/12/2010

RYABYKH

8549/06+

STRELTSOV AND OTHER “NOVOCHERKASSK MILITARY PENSIONERS”

29/07/2010

29/10/2010

4596/02

TAYANKO

02/09/2010

02/12/2010

16621/05

DAVYDOV

25/11/2010

 

SMIRNOVA

35677/05

KARASEV

21/10/2010

 

3009/07

KONASHEVSKAYA AND OTHERS

03/06/2010

04/10/2010

33655/04

POLOMOSHNOV

21/10/2010

 

38321/03

DZHIGARKHANOV

21/10/2010

 

KORMACHEVA

4665/04

SEVOSTYANOVA

21/10/2010

 

10994/05

KARTASHEV

13/01/2011

 

25224/04

KOZYAK

13/01/2011

 

22554/04

RUBTSOVA

13/01/2011

 

19440/05

TOKAZOV

13/01/2011

 

25957/03

UTYUZHNIKOVA

07/10/2010

07/01/2011

         

SERBIA / SERBIE

     
 

JOVANCIC

05/10/2010

   
         

SLOVAK REPUBLIC / REPUBLIQUE SLOVAQUE

   

54136/08

KOMANICKÝ

05/10/2010

   

18926/07

BACZOVA

19/10/2010

 

JAKUB

50360/08

BARTL

14/12/2010

 

31651/06

BERECOVA

19/10/2010

 

9401/07

BRUNOVA

23/11/2010

 

33378/06

ČECHOVA

05/10/2010

 

49362/06

IVAN

14/12/2010

 

41523/07

J.V. AND OTHERS

23/11/2010

 

44286/06

KANTOROVA

14/12/2010

 

280/06

KASCAK

30/11/2010

 

21692/06

KOCIANOVA

18/05/2010

04/10/2010

25951/06

KOMAR

26/10/2010

 

21076/06

MAJTAS

09/11/2010

 

27452/05

MOSAT’

21/09/2010

21/12/2010

1941/06

VRABEC

30/11/2010

 

42356/05

WOLFF

19/10/2010

 

11051/06

KOSICKÝ AND OTHERS

11/01/2011

 

40047/06

SZIGETIOVA

05/10/2010

05/01/2011

         

SWITZERLAND / SUISSE

     

3295/06

AGRAW

29/07/2010

29/10/2010

 

24404/05

MENGESHA KIMFE

29/07/2010

29/10/2010

 
         

"THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA" / L'“EX-REPUBLIQUE YOUGOSLAVE DE MACEDOINE"

19315/06

DEMERDZIEVA AND OTHERS

10/06/2010

10/09/2010

FETAOVSKI

37619/04

LESNINA VELETRGOVINA DOO

14/10/2010 – Friendly settlement

   
         

TURKEY / TURQUIE

     

2668/07+

DINK

14/09/2010

14/12/2010

 

31950/05

YILDIRIM GÖKHAN

23/02/2010

04/10/2010

AKSOY

APPLICATION

REQUÊTE

CASE / AFFAIRE

JUDGMENT OF / ARRÊT DU

FINAL ON / DÉFINITIF LE

GROUP / GROUPE

14352/05+

KARAGÖZ AND OTHERS

13/07/2010

13/10/2010

BATI

9203/03

ÜZER

21/09/2010

21/12/2010

22932/02

ALTUN İSMAIL

21/09/2010

21/12/2010

GÖMI AND OTHERS

26730/05

ARPAT

15/06/2010

15/09/2010

ATAMAN OYA

17561/04

ASICI AND OTHERS

15/06/2010

15/09/2010

30357/05

BIÇICI

27/05/2010

22/11/2010

50213/08

ABDOLKHANI AND KARIMNIA NO. 2

27/07/2010

27/10/2010

ABDOLKHANI AND KARIMNIA

12717/08

AHMADPOUR

15/06/2010

22/11/2010

6909/08+

ALIPOUR AND HOSSEINZADGAN

13/07/2010

22/11/2010

33526/08

D.B.

13/07/2010

13/10/2010

15916/09

DBOUBA

13/07/2010

13/10/2010

36009/08

M.B. AND OTHERS

15/06/2010

15/09/2010

36141/04

BINGÖL

22/06/2010

22/09/2010

INCAL

4870/02

GÜL AND OTHERS

08/06/2010

08/09/2010

8306/08+

TURGAY AND OTHERS

15/06/2010

15/09/2010

URPER

33322/07

ÇERIKCI

13/07/2010

13/10/2010

KARACAY

41135/98

ARSLAN AHMET AND OTHERS

23/02/2010

04/10/2010

 

12976/05

KARADAG

29/06/2010

29/09/2010

SALDUZ

12838/05

AYDIN CAHIT

11/01/2011

 

26437/04

ÇAÇAN ORHAN

23/03/2010

04/10/2010

 

4027/05

KARAARSLAN

27/07/2010

27/10/2010

MIRAN

27080/08+

KÖKSAL AND DURDU

15/06/2010

15/09/2010

MERAL

57711/08+

TUKSAL AND OTHERS

21/09/2010

21/12/2010

40349/05

YETIS AND OTHERS

06/07/2010

06/10/2010

 

4266/02

ERGIN AND OTHERS

30/11/2010

 

AHMET KILIÇ

20313/03

KURT AND OTHERS

15/06/2010

15/09/2010

27023/06

ALTIPARMAK

20/07/2010

22/11/2010

ÜLGER

11765/05

SARICA AND DILAVER

27/05/2010

04/10/2010

 

25700/05

DOGAN ADEM YILMAZ AND OTHERS

15/06/2010

15/09/2010

TURGUT AND OTHERS

8537/05

AYDIN

15/06/2010

15/09/2010

ORMANCI

31301/05

KURTUCU AND OTHERS FINAL ON

13/07/2010

13/10/2010

34490/03

ERDEM NUSRET

30/11/2010

 

29064/06

KARANFILLI

30/11/2010

 

24869/05

BUHUR

20/07/2010

20/10/2010

34986/05+

SENYÜREK AND ŞAHIN AND 17 OTHER APPLICATIONS

21/09/2010

21/12/2010

14015/05

ŞEREFLI AND OTHERS NO. 2

30/03/2010

04/10/2010

41123/04

BAKIRCIOGLU AND OTHERS

20/05/2010

20/08/2010

19441/04

BIÇER AND OTHERS

20/07/2010

20/10/2010

39783/06

KARABULUT

30/11/2010

 

9508/06+

ÖNER ÖZER AND OTHERS

11/01/2011

 
         

UKRAINE

       

13448/07

LOGVINENKO

14/10/2010

14/01/2011

 

37538/05

ZNAYKIN

07/10/2010

07/01/2011

NEVMERZHITSKY

2278/03+

LOPATIN AND MEDVEDSKIY

20/05/2010

04/10/2010

AFANASYEV

38683/06

SMIRNOV ALEKSANDR

15/07/2010

15/10/2010

27672/03

BURYAGA

15/07/2010

15/10/2010

DORONIN

15816/04

MURUKIN

02/09/2010

02/12/2010

5797/05

RUDENKO

25/11/2010

 

2937/04

VINOKUROV

15/07/2010

15/10/2010

76556/01+

FELDMAN

08/04/2010

04/10/2010

SALOV

716/05

GALAT

20/05/2010

04/10/2010

 

32568/05

KOSTAKOV

09/12/2010

 

50165/06

LYGUN

16/12/2010

 

3080/06

ORUDZHEV

21/12/2010

 

25914/06

SIZYKH

21/12/2010

 

27234/04

BRATCHENKO

18/11/2010

 

NAUMENKO SVETLANA

29843/04

DEMIDOVA

02/12/2010

 

7822/06

DENISOV

28/10/2010

 

17185/02

FEDINA

02/09/2010

02/12/2010

30713/05

GEREGA

21/12/2010

 

37138/04

KOBCHENKO

21/12/2010

 

11208/03

KOLOMYETS

15/07/2010

15/10/2010

10636/05

KOVALEV

21/12/2010

 

30972/07

KRAT

21/12/2010

 

53249/07

KRYUKOV NO. VI

21/12/2010

 

36223/06

LITVINOVA

28/10/2010

 

18951/04

MAYSTER

09/12/2010

 

377/02

MENSHAKOVA

08/04/2010

04/10/2010

18255/05

NEKHANCHENKO

28/10/2010

 

36002/08

OLKHOVIKOVA

25/11/2010

 

28585/04

PALAMARCHUK

15/07/2010

22/11/2010

17156/05

PALAMARCHUK NO. 2

21/10/2010

 

20930/06

PONOMARENKO

21/12/2010

 

34332/03

PUSTOVIT

18/11/2010

 

30853/04

SHAPOSHNIKOV

08/04/2010

04/10/2010

16652/04

SHULGA

02/12/2010

 

6508/05

SLANKO

15/07/2010

15/10/2010

28660/04

SOKOLOVSKIY

13/01/2011

 

49009/07

SOKOR

09/12/2010

 

38753/06

SUBOT

21/12/2010

 

43799/05

YEFREMOV

16/12/2010

 
         

UNITED KINGDOM / ROYAUME-UNI

     

37341/06

KAY AND OTHERS

21/09/2010

21/12/2010

 

* * *

B. Cases examined with debate – decisions adopted

- 1 case against Azerbaijan

40984/07 FATULLAYEV, judgment of 22/04/2010, final on 04/10/2010

Case description: The case concerns breaches of the applicants' right to freedom of expression due to his being sentenced to imprisonment after publishing, inter alia, of two articles in the newspaper Realny Azerbaijan (violations of Article 10).

The applicant was convicted and sentenced to two years and six months' imprisonment for defamation and for “defamation by accusing a person of having committed a serious crime”, by the Yasamal District Court on 20/04/2007 after the publication of an article in which he discussed the Khojaly massacre of 26/02/1992. The judgment of the Yasamal District Court was upheld on 6/06/2007 by the Court of Appeal and on 21/08/2007 by the Supreme Court.

The applicant was then convicted of threat of terrorism (eight years' imprisonment), incitement to ethnic hostility (three years' imprisonment) and tax evasion (four months' imprisonment) on 30/10/2007 by the Assize Court. This decision was upheld by the Court of Appeal on 16/01/2008 and by the Supreme Court on 3/06/2008, after the publication of an article on the possible consequences of Azerbaijan’s support for a resolution of the United Nations Security Council concerning Iran.

The domestic court partially merged the second sentence with the sentence of two years and six months' imprisonment imposed in the previous criminal case, and the applicant was eventually sentenced to eight years and six months' imprisonment.

As concerns the sentencing for defamation and for “defamation by accusing a person of having committed a serious crime”, the Court reiterated that although sentencing is in principle a matter for the national courts, the imposition of a prison sentence for a press offence will be compatible with journalists' freedom of expression as guaranteed by Article 10 of the Convention only in exceptional circumstances, in particular where other fundamental rights have been seriously impaired as, for example, in cases of hate speech or incitement to violence. The circumstances of the present case disclose no justification for sentencing the applicant to imprisonment.

As concerns the sentencing for terrorism and incitement to ethnic hostility, the Court found that the domestic courts failed to provide any relevant reasons for the applicant's conviction on charges of threat of terrorism and incitement to ethnic hostility. The Court also considered that the circumstances of the case disclose no justification for imprisoning the applicant and that both the applicant's conviction and the particularly severe sanction imposed were capable of producing a chilling effect on the exercise of journalistic freedom of expression in Azerbaijan and dissuading the press from openly discussing matters of public concern.

The case also concerns a violation of the right to a fair hearing by an impartial tribunal because the judge who had previously examined specific allegations against him in the context of a civil action also examined the same allegations in subsequent criminal proceedings. In the light of the special features of this particular case, the Court held that the applicant’s fear that the judge might not be impartial could be considered as objectively justified (violation of Article 6§1).

Moreover the case concerns an infringement of the right to the presumption of innocence due to declarations made by the Prosecutor General to the press on 31/05/2007 – i.e. before the applicant’s conviction of 30/10/2007 – that the Article published in Realny Azerbaijan contained information which constituted a threat of terrorism (violation of Article 6§2).

Finally, the Court held that the respondent state should secure the applicant's immediate release.

State of execution before the meeting: Following the European Court’s judgment and in application of Article 455 and 456 of the Code of Criminal Procedure which provide for the possibility of reopening of proceedings after a European Court judgment, the Supreme Court re-examined the domestic judgments delivered in violation of the Convention. On 11/11/2010, the Supreme Court quashed the sentences directly linked to the violations found by the European Court in its judgment and declared that the applicant’s release in the context of these cases was lawful and justified. However the applicant was not released as he had been accused of drugs possession and placed in pre-trial detention as a preventive measure by decision of the Collegium on Criminal cases of the Baku Court of Appeal on 5/11/2010. At its 1100th meeting (November/December 2010), the Committee of Ministers noted with satisfaction that the convictions criticised by the European Court had been annulled by the Supreme Court on 11/11/2010, thus making it possible in principle to release the applicant, but nonetheless expressed concern that the applicant was still in custody and that there were a number of questions concerning the erasure of the consequences of his unjustified detention since his arrest on 20/04/2007.

Furthermore, it is to be noted that on 12/01/2011 the applicant’s father informed the Secretariat that the just satisfaction had been paid into a bank account which has been frozen as a consequence of Mr Fatullayev’s conviction for tax evasion.

No information has been received so far concerning general measures taken or envisaged to avoid the repetition of the violations found in this case.

Issues to be debated: Pursuant to the decision adopted at their 1100th meeting, the Deputies may wish to examine the replies to various questions raised at that meeting and the possibility of setting the applicant free, in the light of the memorandum prepared by the Secretariat.

Links to relevant documents

Memorandum CM/Inf/DH(2011)7

DH-DD(2011)158 (restricted): Replies to the points made in the Memorandum concerning the execution of the Court judgment in the case of Fatullayev against Azerbaijan. Communication from the delegation of Azerbaijan

DH-DD(2011)55 Action plan / action report - Translations of the decisions of the Plenum of the Supreme Court of 11 November 2010 (documents provided by the Azerbaijani Delegation) concerning the case of Fatullayev against Azerbaijan (Application No. 40984/07)

DH-DD(2010)560E Item reference: 1100th DH meeting (December 2010) Information made available under Rule 9.2 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements

Communication from a group of NGOs in the case of Fatullayev against Azerbaijan (Application No. 40984/07).

DH-DD(2011)136: Communication from NGOs in the case of Fatullayev against Azerbaijan (Application No. 40984/07) - Information made available under Rule 9.2 of the Rules of the Committee of Ministers for the

supervision of the execution of judgments and of the terms of friendly settlements.

DH-DD(2011)157: Second communication from 13 NGOs in the case of Fatullayev against Azerbaijan (Application No. 40984/07). Information made available under Rule 9.2 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

DH-DD(2011)169E: Communication from 32 NGOs in the case of Fatullayev against Azerbaijan (Application No. 40984/07). Information made available under Rule 9.2 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

DH-DD(2010)598E Item reference: 1100th DH meeting (December 2010)

Communication from the representative of the applicant in the case of Fatullayev against Azerbaijan (Application No. 40984/07). Information made available under Rule 9.1 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

DH-DD(2011)137: Communication from the applicant's representative in the case of Fatullayev against

Azerbaijan (Application No. 40984/07). Information made available under Rule 9.1 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

DH- DD(2010)604E Item reference: 1100th DH meeting (December 2010)

Communication from the government in the case of Fatullayev against Azerbaijan (Application No  40984/07). Information made available under Rule 8.2.a of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

Decision

The Deputies,

1. recalled that at their 1100th meeting the Azerbaijani authorities were invited to provide detailed information on the applicant’s situation and on points of law, in order to allow an in-depth examination of the case at the present meeting;

2. took note of the bilateral meeting between the Secretariat and the Azerbaijani Government Agent held on 14 January 2011 and the subsequent CM/Inf/DH(2011)7 summarising the outstanding questions;

3. noted with concern that in its decision 12 (102) – 3(a)/2010 of 11 November 2010, the Supreme Court confirmed the applicant’s sentence of imprisonment for defamation on the basis of a judicial decision dating back to 2006, notwithstanding the reasoning of the Court in the Fatullayev judgment itself;

4. regretted that no updated and detailed information on the current applicant’s situation and on the means the Azerbaijani authorities intend to use to erase the consequences of his previous unjustified detentions were made available in due time for this meeting and noted the information and explanations given by the Azerbaijani Delegation at the meeting;

5. noted with serious concern that the applicant remains detained despite the decision of the Committee of Ministers at its 1100th meeting (November- December 2010) (DH) that the Azerbaijani authorities explore all possible means of ending his detention, including if necessary by alternative non-custodial measures;

6. called upon the Azerbaijani authorities to provide, further to the information given, a clear and comprehensive account of the time the applicant spent in detention since April 2007 and the legal basis for the different periods to identify the period of unjustified detention in order to ensure redress in this respect, including all possibilities to ensure the applicant’s immediate release;

7. noted also with concern that the just satisfaction has been transferred to a frozen account;

8. recalled that the European Court considered, in other cases, that the compensation fixed pursuant to Article 41, in particular for non-pecuniary damage, and due by virtue of a judgment of the Court should be exempt from attachment and strongly invited the Azerbaijani authorities to reconsider their position in view of this principle;

9. called upon the Azerbaijani authorities to remove without further delay all obstacles to the implementation of the Court’s judgment;

10. decided to examine the issues concerning individual and general measures raised by this case at their 1115th meeting (June 2011) (DH).

- 1 case against Bosnia and Herzegovina

27996/06 SEJDIC AND FINCI, judgment of 22/12/2009 - Grand Chamber

Case description: Violation of the right to free elections and the discrimination against the applicants, citizens of Bosnia and Herzegovina of Roma and Jewish origin, who were ineligible to stand for election to the House of Peoples of Bosnia and Herzegovina (the second chamber of Parliament) due to the lack of affiliation with a constituent people (Bosniacs, Croats or Serbs) (violation of Article 14 taken in conjunction with Article 3 of Protocol No. 1). The case also concerns general discrimination against the applicants due to their ineligibility to stand for election to the Presidency of Bosnia and Herzegovina (the collective Head of State) due to their lack of affiliation with a constituent people (violation of Article 1 of Protocol No. 12).

State of execution before the meeting: The violations found by the European Court require the amendment of the Constitution of Bosnia and Herzegovina (which is an annex to the Dayton Peace Agreement) as well as certain electoral legislation. In February and March 2010 the Central Electoral Commission and the Council of Ministers of Bosnia and Herzegovina adopted two action plans, which set specific deadlines and identified the authorities responsible for taking the necessary measures. A task force was appointed to carry out this work. However, the task force has not managed to reach an agreement on the constitutional and legislative amendments because divergent positions were expressed by different political stakeholders.

Consequently, the action plans have not been implemented and Bosnia and Herzegovina held elections in October 2010 based on the existing discriminatory legislation.

The authorities indicated that the work on the constitutional reform has been disrupted before the elections took place. It was expected that the task force would resume its work as soon as the new government is formed. At the 1100th meeting (November-December 2010) the Committee urged the authorities and political leaders of Bosnia and Herzegovina to work in a constructive manner to bring the country's constitution and legislation in line with the Convention requirements. However, it appears that there is still no indication that political consensus has been reached on the constitutional and legislative amendments.

Issues to be debated: The case raises complex problems since it requires the amendment of the Constitution of Bosnia and Herzegovina as well as its electoral legislation. It is recalled in this respect that Bosnia and Herzegovina undertook to review and revise its electoral legislation in the light of Council of Europe standards within a year of its accession to the organization in 2002. The Committee of Ministers and the Parliamentary Assembly has reminded Bosnia and Herzegovina of this undertaking on numerous occasions since then.

Links to relevant documents

For detailed information, see CM/Inf/DH(2011)6

For action plan, see DH-DD(2010)108E

For a submission made under Rule 9.2, see DH-DD(2010)307E

Decision

The Deputies,

1. noted with concern that, although there is a strong political will and commitments of all political parties participating in the Parliament of Bosnia and Herzegovina for implementation of the judgment, no political consensus has still been reached on the content of the constitutional and legislative amendments necessary to execute the present judgment despite the Committee’s repeated calls since its 1078th meeting (March 2010);

2. reiterated their call on the authorities and political leaders of Bosnia and Herzegovina to work in a constructive manner with the aim of bringing the country’s Constitution and its electoral legislation in line with this judgment and the Convention;

3. invited once again the authorities of Bosnia and Herzegovina to take into account the relevant opinions of the Venice Commission in this regard;

4. regretted that, despite their invitation issued at their 1100th meeting (November/December 2010), no information has been provided on developments regarding the procedural steps taken to implement this judgment as well as the different proposals made in this respect;

5. invited the authorities of Bosnia and Herzegovina to inform the Committee of developments regarding the procedural steps taken to implement this judgment and the different proposals made by stakeholders in this respect, including the proposals on which a consensus has been reached and on which no consensus has yet been reached;

6. decided to declassify the memorandum CM/Inf/DH(2011)6.

* * *

- 48 cases against Germany

75529/01 SURMELI, judgment of 08/06/2006 - Grand Chamber

(See Appendix Sürmeli for the list of cases in this group)

46344/06 RUMPF, judgment of 20/09/2010, final on 02/12/2010

Case description: Violation of the right to a fair trial due to excessive length of proceedings and of the right to an effective remedy in this respect (Violations of Articles 6§1 and 13). The Court applied the pilot judgment procedure in the case of Rumpf and set specific deadlines for the adoption of an effective remedy against excessive length of proceedings. It is recalled that the Court has already highlighted the absence of an effective remedy for excessive length of proceedings in Germany in the case of Sürmeli (see Grand Chamber judgment of 08/06/2006).

In the Rumpf judgment, the Court requested the respondent state to introduce without delay, and within a maximum of one year after the judgment became final (i.e. by 2 December 2011), a remedy or a combination of remedies in the national legal system to bring it into line with the Convention’s requirements. At the same time, the Court decided to continue the examination of similar cases pending before it.

State of execution before the meeting: Several action plans / reports have been received in relation to the group of cases of Sürmeli, the latest update being registered on 16/11/2010. Extensive statistics on length of proceedings were provided, indicating that the length of main proceedings had been continuously shortened in recent years and that the average length of proceedings may be considered reasonable.

Legislative work is also under way: the Ministry of Justice prepared a new draft law on 15/03/2010 (Act on legal protection in the event of excessive length of judicial proceedings and preliminary proceedings under criminal statutes) which was forwarded to all relevant institutions in April 2010, with comments to be provided by June 2010. The government then adopted the draft law on 8/08/2010. The Bundesrat, by means of which the Länder take part in the legislative process, made observations on 15/10/2010, proposing various amendments. The government is of the opinion that a compromise can now be reached. The draft law will require three readings by the Bundestag and the consent by the Bundesrat before it can go to the Federal President for signature and subsequent promulgation in the Federal Law Gazette. The German government is certain that this procedure can be concluded within the time-limit set by the European Court. According to the draft law (in its version received on 23/06/2010), a complaint of delay in proceedings must first be lodged in the original proceedings, in which the court may react by taking remedial action by accelerating the proceedings, otherwise an action for damages may be brought while the proceedings are still pending. A comparable solution is foreseen for the Federal Constitutional Court and specific provisions are intended for criminal proceedings. These regulations would also be applicable to applications pending before the European Court.

Issues to be debated: The German authorities are expected to provide up-to-date information on the on-going legislative process.

Links to relevant documents

DH-DD(2011)88: Action plan / action report - Communication from Germany concerning the Sürmeli group of cases against Germany (Application No. 75529/01)

DH-DD(2011)140: Action plan / action report - Communication from Germany concerning the case of Rumpf against Germany (Application No. 46344/06)

Decision

The Deputies,

1. took note of the information provided on the ongoing legislative process to provide an effective remedy for excessive length of proceedings;

2. stressed the importance of timely compliance with the pilot judgment and called upon all German 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. invited the German authorities to keep them regularly informed on the progress of implementation of the envisaged measures.

- 5 cases against Turkey

28490/95 HULKI GUNES, judgment of 19/06/03, final on 19/09/03

72000/01 GOCMEN, judgment of 17/10/2006, final on 17/01/2007

46661/99 SOYLEMEZ, judgment of 21/09/2006, final on 21/12/2006

25060/02+ ERDAL ASLAN, judgment of 02/12/2008, final on 02/03/2009

Case description: Unfair criminal proceedings (the applicants were convicted to lengthy prison sentences between 1994 and 1999 on the basis of statements made by gendarmes or other persons who never appeared before court, or on the basis of statements obtained under duress and in the absence of a lawyer); ill-treatment of applicants while in police custody; lack of independence and impartiality of state security courts; excessive length of criminal proceedings; absence of an effective remedy (violations of Article 6§§1 and 3 and of Articles 3 and 13).

State of execution before the meeting: From the beginning of its examination of the case of Hulki Güneş, the Committee considered that the proceedings in the applicant's case required reopening in order to redress the violations found by the European Court. However, the provisions on reopening of proceedings (entered into force in 2003) are not applicable to the applicants' cases. The Committee has therefore expressed its concern on numerous occasions and repeatedly urged the authorities to take the necessary measures. In this respect, the Chairmen of the Committee sent letters to their Turkish counterparts in 2005 and 2006 conveying the Committee's concerns. The Committee has also adopted three interim resolutions between 2005 and 2007. In 2008 the Committee “noted that, if the present situation persisted, it would amount to a manifest breach of Turkey's obligation under Article 46, paragraph 1, of the Convention” and decided to examine the present cases at each of its regular meeting. In October 2009 the Turkish authorities indicated that “a draft law aimed at allowing the reopening of proceedings in the applicants' cases had been prepared by the Ministry of Justice and sent to the office of the Prime Minister and would be submitted with priority to parliament as a proposal of the government with a view to its adoption before the end of 2009”. Subsequently, the Committee was informed that the draft law had been sent to Parliament. The Committee has welcomed this information and invited the authorities to keep it informed of the developments regarding its adoption. In December 2010 the Committee noted the willingness of the Turkish government to ensure the adoption of the draft law before the general elections of June 2011.

Issues to be debated: The execution of the present cases continues to require specific attention from the Committee of Ministers. Given the time elapsed since the judgment in the case of Hulki Güneş became final, the adoption of the necessary measures is now a matter of great urgency.

Links to relevant documents

Interim Resolutions

ResDH(2005)113; CM/ResDH(2007)26; CM/ResDH(2007)150

Two letters sent by the CM Chairmen and the replies provided by Turkey DD(2005)148; DD(2005)494

CM/Inf/DH(2009)5

Decision

The Deputies,

1. recalled that at its 1100th meeting (November-December 2010) the Committee took note of “the willingness of the Turkish government to ensure the adoption of the necessary legislative changes for the execution of these judgments before the general elections of June 2011”;

2. regretted that it was still not possible for the Turkish authorities to give effect to this intention;

3. stressed once again the urgency and priority of the adoption of the measures necessary for the execution of these judgments;

4. reiterated their call on the Turkish authorities to bring the legislative process enabling the reopening of proceedings in the applicants’ cases to an end without further delay after the elections;

5. invited the Turkish authorities to keep them informed of developments regarding the adoption of the legislative amendments.

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

Case description: Degrading treatment as a result of the applicant's repetitive convictions between 1996 and 1999 and imprisonment for having refused to perform compulsory military service on account of his convictions as a pacifist and conscientious objector (substantive violation of Article 3).

State of execution before the meeting: The applicant has been in hiding for a long time as a result of the continuing threat of prosecution. In 2007, despite the findings of the European Court in this case, he was again summonsed to serve his sentence. Since the adoption of the first interim resolution in October 2007, the Committee has been regularly examining the case at each of its human rights meetings. In the second interim resolution adopted in March 2009, the Committee strongly urged "the Turkish authorities to take without further delay all necessary measures to put an end to the violations of the applicant's rights under the Convention and to make the legislative changes necessary to prevent similar violations of the Convention". Given that no tangible information had been provided on the measures envisaged, the Chairman of the Committee sent a letter to his Turkish counterpart in October 2009 conveying the Committee's grave preoccupation regarding the absence of any information on the measures required in this case. In his reply of February 2010, the Turkish Minister of Foreign Affairs expressed the commitment of his authorities to executing the judgment of the Court and informed the Committee that work on legislative amendments was being conducted by the competent authorities. Subsequently, the Committee invited the Turkish authorities to provide concrete information on the announced legislative work. However, no concrete information was provided in this respect. At the 1100th meeting (November-December 2010), the Turkish authorities stated that the execution of this judgment raised certain difficulties since it required legislative amendments concerning military service. At the same meeting, the Committee once again invited the Turkish authorities to provide information on the development of the legislative process and to clarify whether the applicant is still being sought by the authorities to serve his previous sentences. However, no information has been provided on these questions.

Issues to be debated: The Turkish authorities are expected to provide information on the questions raised at the 1100th meeting.

Links to relevant documents

Interim resolutions: CM/ResDH(2007)109; CM/ResDH(2009)45

Letter sent by the Chairman and the response of the Turkish authorities: DD(2009)556; DD(2010)107

Decision

The Deputies,

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

2. recalled that, at their 1100th meeting (November-December 2010), the Turkish authorities stated that they were in the process of preparing legislative amendments aiming at remedying the applicant’s situation and that the Committee invited the Turkish authorities to provide information on the development of this legislative process;

3. urged once again the Turkish authorities to clarify at the latest for the 1115th meeting (June 2011) (DH) whether the applicant was still being searched for by the authorities to serve his previous sentences;

4. noted with concern that no information has been provided concerning these questions;

5. reiterated their call on the Turkish authorities to provide tangible information on the questions raised by the Committee.

* * *

- 2 cases against the United Kingdom

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

Case description: Blanket ban on voting imposed automatically on the applicant due to his status as a convicted offender detained in prison (Violation of Article 3 of Protocol No. 1). Related pilot judgment of 23/11/2010 in Greens and M.T. (60041/08 and 60054/08) concerning the same questions.

State of execution: See DH-DD(2011)139

Links to relevant documents

Interim Resolution CM/ResDH(2009)160

DH-DD(2011)139: Communication from the government in the case of Hirst No. 2 against the United Kingdom (Application No. 74025/01). Information made available under Rule 8.2.a of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

Decision

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 that at the Deputies’ 1100th meeting (November - December 2010), the United Kingdom authorities confirmed that they would present draft legislation in the near future, and noted that they remained committed to implementing the judgment;

3. noted the consideration of the issues raised in the judgment by Parliament on 11 January 2011 and 10 February 2011, as referred to by the United Kingdom authorities in their submission to the Committee (see DD(2011)139);

4. noted further that on 22 February 2011 the United Kingdom government requested a referral to the Grand Chamber of the pilot judgment Greens and M.T. which reiterates the conclusions in Hirst No. 2 and establishes a timetable for the United Kingdom authorities to propose legislation in order to execute both judgments;

5. decided, in light of the above, to resume consideration of the questions raised by the judgment once the referral request has been considered.

* * *

61498/08 AL-SAADOON AND MUFDHI, judgment of 02/03/2010, final on 04/10/2010

Case description: The United Kingdom authorities' transfer of the applicants (both Iraqi nationals) to Iraqi custody to stand trial for war crimes despite the indication of an interim measure under Rule 39 by the European Court to the effect that the applicants should not be removed from British custody (violations of Articles 3, 34 and 13).

Under Article 46, the European Court found that "compliance with Article 3 of the Convention requires the United Kingdom authorities to seek to put an end to the applicants' suffering as soon as possible, by taking all possible steps to obtain an assurance from the Iraqi authorities that they will not be subjected to the death penalty" (§171).

State of execution before the meeting: The applicants are currently detained by the Iraqi High Tribunal (IHT) facing charges of murder. Such charges carry the sentence of the death penalty. The next hearing in the trial is scheduled to take place on 9/02/2011. Urgent individual measures are required.

The Judge for the IHT (3rd Felony Trial Panel) and 11 other persons have requested visas to travel to the United Kingdom and reconvene the trial court at the Iraqi Embassy in London to interview a number of UK- based witnesses. The IHT also intends to make a request to the United Kingdom for mutual legal assistance through formal channels.

As to the general measures, an Action plan/report is awaited (deadline 4/05/2011).

Issues to be debated: To urge the United Kingdom authorities to consider any request for their assistance with the applicants' trial in light of their clear obligations under the European Convention and the findings of the Court under Article 46 - especially given the absolute and fundamental right not to be subject to the death penalty and the grave and irreversible harm risked by the applicants.

To request the UK authorities to keep the Committee fully updated on the applicants' status and the progress of their trial.

Notes: In relation to the United Kingdom’s obligations under international law, the European Court found that “it is not open to a Contracting State to enter into an agreement with another State which conflicts with its obligations under the Convention. This principle carries all the more force in the present case given the absolute and fundamental nature of the right not to be subjected to the death penalty and the grave and irreversible harm risked by the applicants” (§138).

The European Court’s finding cited above, coupled with the United Kingdom’s obligation under Article 46 of the Convention “to take all possible steps to obtain an assurance from the Iraqi authorities that the applicants will not be subjected to the death penalty” means that whilst the applicants continue to risk the death penalty, it is crucial for the United Kingdom to ensure that any co-operation with the IHT, whether informal or by way of an international agreement, fully respects the terms of the judgment and the European Convention.

Decision

The Deputies,

1. recalled that in its judgment, the European Court found under Article 46 of the Convention that respect for their obligations under Article 3 of the Convention requires the government of the United Kingdom to seek to put an end to the applicants’ suffering as soon as possible by taking all possible steps to obtain an assurance from the Iraqi authorities that the applicants will not be subjected to the death penalty;

2. recalled that the European Court also found that it is not open to a contracting state to enter into an agreement with another state which conflicts with its obligations under the Convention and that this principle carries all the more force in the present case given the absolute and fundamental nature of the right not to be subjected to the death penalty and the grave and irreversible harm risked by the applicants;

3. noted that the Judge for the Iraqi High Tribunal (IHT) (3rd Felony Trial Panel) and eleven other persons have requested visas to travel to London to interview a number of United Kingdom-based witnesses;

4. welcomed the fact that the United Kingdom authorities had indicated to the IHT that before examining any request for assistance, they would need credible assurances that the death penalty would not be applied; that the President of the Public Prosecution service has provided a signed letter stating that the charges against the applicants carry a maximum penalty of 15 years’ imprisonment;

5. welcomed the intention of the United Kingdom authorities to check that the assurances given in this letter effectively guarantee that the applicants no longer face the risk of the death penalty and encouraged them to pursue their efforts by undertaking, if appropriate, any other possible measure to secure such guarantee;

6. invited the United Kingdom authorities to keep the Committee fully informed of all developments, both in relation to their contacts with the Iraqi authorities and the current situation of the applicants and the progress of their trial.

1 case against Albania

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

Case description: Violation of the applicant's right to a fair trial and infringement of the principle of legal certainty due to the quashing of a final judgment acquitting him of murder (violation of Article 6§1).

State of execution before the meeting: On 5/10/2010, the authorities submitted an action plan on individual and general measures.

Individual measures: The authorities have expressed their willingness to amend the Code of Criminal Procedure to allow reopening of criminal proceedings. Confirmation of the applicant's acquittal, the deletion of the conviction from his criminal record and the withdrawal of the extradition request concerning him in Italy (where he is currently detained) in conformity with the European Court's ruling, is still awaited.

General measures: The violation in this case appears to stem from the fact that the prosecutor lodged an appeal outside the statutory time-limit and that this was accepted by the domestic courts. Following the judgment, a number of round tables with judges, prosecutors, representatives from Ministry of Justice and High Council of Justice were held, at which the issues raised by this judgment were discussed.

Additional information is needed on the measures taken, in particular in the field of training of prosecutors and judges.

Notes: The European Court, noting that the applicant continued to be subject to the consequences of the quashing of the decision of 14/12/1998, considered that the most appropriate form of redress for this continuing situation would be for the applicant’s final acquittal of 14/12/1998 to be confirmed and his conviction in breach of the Convention to be erased with effect from that date (§82).

A their 1100th meeting (November/December 2010), the Deputies deeply regretted the authorities’ inactivity with regard to executing this judgment, and underlined the urgency of rapidly obtaining confirmation of the applicant’s acquittal, the deletion of the conviction from his criminal record and the withdrawal of the extradition request concerning him in Italy, in conformity with the European Court’s ruling.

No results have been obtained by the respondent state so far.

In these circumstances, it seems appropriate that the Committee once more urges the Albanian authorities to address the applicant’s situation as a matter of urgency.

After the issuing of the Order of Business, the authorities of the respondent State provided information on the progress made in the execution of this case and accordingly a revised decision was submitted and adopted.

Links to relevant documents:

DH-DD(2011)131: Action plan / action report - Communication from Albania concerning the Xheraj case against Albania (Application No. 37959/02)

Decision

The Deputies,

1. took note of the revised action plan submitted by the Albanian authorities on 25 February 2011;

2. noted with satisfaction that the Constitutional Court ordered the deferment of the applicant’s conviction pending its decision on the merits of the case and that the Albanian authorities have withdrawn the extradition request concerning the applicant in Italy;

3. recalled however the need to obtain confirmation of the applicant’s acquittal and the deletion of the conviction from his criminal record in conformity with the European Court’s judgment;

4. invited the authorities to keep the Committee informed on the outcome of the proceedings before the Constitutional Court and recalled that information is also awaited on the adoption of the general measures.

- 7 cases against Azerbaijan

50187/06 MIRZAYEV, judgment of 03/12/2009, final on 03/03/2010, rectified on 13/01/2010

(and 6 other cases, see list in CM/Inf/DH(2011)5)

Case description: Failure to execute final judicial decisions ordering the eviction of internally displaced persons (IDP) unlawfully occupying apartments of which the applicants are the lawful tenants or owners (violations of Article 6§1 and Article 1 of Protocol No. 1).

In all these cases, the European Court held that within three months from the date on which the judgments become final according to Article 44§2 of the Convention, the respondent state should secure by appropriate means the enforcement of the domestic court's judgments.

State of execution before the meeting:

Individual measures: Mr Mirzayev’s apartment was returned to him; information awaited in the other cases of the group - for details see CM/Inf/DH(2011)5.

General measures: The European Court’s judgment in Mirzayev has been published and disseminated. Information on other general measures to implement these judgments is awaited.

In view of the importance of the issue raised by this group of cases and of the increasing number of cases in this group, the Committee of Ministers may wish to adopt the decision below.

After the issuing of the Order of Business, the authorities of the respondent State provided information on the progress made in the execution of these cases and accordingly a revised decision was submitted and adopted.

Links to relevant documents:

CM/Inf/DH(2011)5

DH-DD(2011)132: Action plan / action report - Communication from Azerbaijan concerning the Mirzayev group of cases against Azerbaijan (Application No. 50187/06)

DH-DD(2011)150: Action plan / action report - Communication from Azerbaijan concerning the Mirzayev group of cases against Azerbaijan (Application No. 50187/06).

Decision

The Deputies,

1. noted with satisfaction that all domestic judgments in these cases were implemented in the deadlines set by the Court;

2. noted with interest the Presidential Order of 21 February 2011 providing specific measures to solve the housing problems of internally displaced persons with a view to restoring the rights of lawful tenants or owners;

3. recalled that this group of cases concern the failure to implement domestic judgments and that a comprehensive action plan to avoid the repetition of this kind of violation is awaited;

4. urged the Azerbaijani authorities to provide such an action plan as soon as possible.

- 1 case against Georgia

7975/06 KLAUS AND YURI KILADZE, judgment of 2/02/2010, final on 2/05/2010

Case description: Violation of the applicants' right to peaceful enjoyment of possessions (violation of Article 1 of Protocol No. 1) owing to the state's complete failure to act to ensure adoption of the implementing texts of the law of 11/12/1997 on Status as a Victim of Political Repression, so that the applicants were never able to receive the compensation to which they were entitled. The judgment reveals an underlying structural problem. The Court underlined the urgency of legislative, administrative and budgetary measures so that those concerned by Article 9 of the law of 11/12/1997 may effectively benefit from the right guaranteed in this provision.

The Court also held that if these measures were still not taken within six months following the date when the judgment became final in accordance with Article 44, paragraph 2, of the Convention (i.e. on 2/11/2010), the respondent state would be required to pay each of the applicants 4 000 EUR in respect of non-pecuniary damages.

State of execution before the meeting: The Georgian delegation informed the Committee of Ministers at the 1100th meeting (November-December 2010) that an action plan was being drafted. This action plan is awaited. The Georgian authorities have neither adopted the necessary general measures within the deadline given by the Court nor paid the non-pecuniary damage awarded by the Court to the applicants at the expiry of this deadline.

After the issuing of the Order of Business, the authorities of the respondent State provided information on the progress made in the execution of this case and accordingly a revised decision was submitted and adopted.

Decision

The Deputies,

1. took note with satisfaction that the just satisfaction as well as the default interest due have been paid to the applicants;

2. took note with interest of the preliminary action plan which has been submitted by the Georgian authorities according to which a draft law has been prepared which will be submitted to the Parliament in March 2011;

3. invited the Georgian authorities to submit to them a consolidated action plan for their 1115th meeting (June 2011).

C. Cases examined without debate – decisions adopted

- 8 cases against Albania

33771/02 DRIZA, judgment of 13/11/2007, final on 02/06/2008

7352/03 BESHIRI AND OTHERS, judgment of 22/08/2006, final on 12/02/2007

38222/02 RAMADHI AND 5 OTHERS, judgment of 13/11/2007, final on 02/06/2008

45264/04 HAMZARAJ No.1, judgment of 03/02/2009, final on 06/07/2009

12306/04 NURI, judgment of 03/02/2009, final on 06/07/2009

35720/04+ VRIONI AND OTHERS, judgment of 29/09/2009, final on 29/12/20092 and of 07/12/2010, possibly final on 07/03/2011

Case description: Structural problem concerning failure to enforce final court and administrative decisions relating to the applicants’ right to restitution of, or compensation (whether pecuniary or in kind) for property nationalised under the communist regime (violations of Article 6§1 and Article 1 of Protocol No. 1). Lack of an effective remedy in this respect (violations of Article 13 in conjunction with Article 6§1.

Ineffectiveness of the remedies introduced by the Property Act to obtain compensation (violation of Article 13 in conjunction with Article 1 of Protocol No. 1).

Lack of legal certainty and lack of impartiality of the Supreme Court (violations of Article 6§1 (Driza case)).

State of execution:

Individual Measures: The judgment of the European Court on the question of just satisfaction in Vrioni case is not yet final. In view of the restitution and compensation awarded and the reimbursement of the 10% tax, no other individual measures seems necessary in the other cases.

General measures: For more details on the measures taken or envisaged by the Albanian authorities and pending issues, see memorandum CM/Inf/DH(2010)20 of 28/05/2010. On 01/11/2010, the Albanian authorities submitted a draft action plan. A comprehensive and final action plan is still awaited.

Notes: At the 1100th meeting (November-December 2010), the Committee of Ministers encouraged the authorities to adopt a comprehensive action plan without further delay, based on a comprehensive and coherent strategy accompanied by a detailed calendar for its implementation.

In the framework of the Human Rights Trust Fund project on non-enforcement of domestic decisions, the Department for the execution of judgments will hold bilateral talks in Tirana at the end of March 2011. Substantial information will be needed on this occasion so that the awaited action plan can be submitted to the Committee of Ministers for examination at the June meeting.

In this perspective, it appears useful that the Committee of Ministers reiterates its encouragement to the Albanian authorities to adopt without further delay, the proposed action plan.

Links to relevant documents:

CM/Inf/DH(2010)20

Decision

The Deputies,

1. underlined that the questions raised in these cases concern the systemic problem of non-enforcement of final domestic judgments and administrative decisions ordering restitution of property nationalised during the communist regime or compensation of former owners;

2. recalled their decision taken at the 1100th meeting (November-December 2010) and again urged the Albanian authorities to adopt a comprehensive action plan without further delay, based on a comprehensive and coherent strategy and accompanied by a detailed calendar for its implementation.

44023/02 CAKA, judgment of 08/12/2009, final on 08/03/2010

847/05 BERHANI, judgment of 27/05/2010, final on 04/10/2010

Case description: Unfairness of criminal proceedings due in particular to the failure to secure the appearance of certain witnesses at the applicants’ trial and the first instance; to a court's failure to have due regard to the testimony of four witnesses given in the applicant's favour (in Caka case) and to the failure to secure convincing evidence domestic judgments justifying the applicant's conviction (in Berhani case) (violations of Article 6§1 taken alone or in conjunction with Article 6§3 (d)).

State of execution: On 18/11/2010, the Albanian authorities provided an action plan on individual measures.

Individual measures: The applicants are currently detained. Urgent individual measures are required. The Albanian authorities intend to introduce the possibility to request reopening of criminal proceedings following a judgment of the European Court to the Code of Criminal Procedure.

General measures: Given the various shortcomings in the proceedings before the domestic courts highlighted by these two judgments, information is awaited on measures taken or envisaged, in particular in the field of training for judges and other authorities concerned.

Notes: Under Article 41, the European Court held that where it finds that an applicant has been convicted without being afforded one of the safeguards of a fair trial, the most appropriate form of redress would, in principle, be trial de novo or the reopening of the proceedings, in due course and in accordance with the requirements of Article 6 of the Convention.

In the light of the above, the Committee might wish to urge the respondent state to take concrete action on urgent individual measures to erase the consequences of the violations and at the same time recall that information is awaited on general measures.

Decision

The Deputies,

1. recalled that in its judgments the European Court held that where it finds that an applicant has been convicted without being afforded one of the safeguards of a fair trial, the most appropriate form of redress would, in principle, be trial de novo or the reopening of the proceedings in due course and in accordance with the requirements of Article 6 of the Convention;

2. noted in this respect that the authorities have expressed their willingness to amend the Code of Criminal Procedure to allow the reopening of criminal proceedings;

3. therefore urged the respondent state to act without delay, and to provide the Committee with information on the results obtained;

4. encouraged the authorities to provide information on general measures taken or envisaged to prevent similar violations, in particular on training of judges and other authorities concerned by the judgments.

- 1 case against Belgium and Greece

30696/09 M.S.S., judgment of 21/01/2011 – Grand Chamber

Violations found against Greece: Degrading treatment suffered by the applicant (an Afghan national who entered the European Union through Greece and was fingerprinted there, then arrived in Belgium and applied for asylum, was then transferred back to Greece under the Dublin II Regulation) due to the conditions under which he was detained at the holding centre next to Athens International Airport in 2009, (overcrowding, lack of bed/mattress, insufficient ventilation, no regular access to toilets or sanitary facilities no outdoor exercise (violation of Article 3).

Situation incompatible with Article 3 on account of the applicant’s living conditions due to the authorities inaction for the situation in which he had found himself: living in the street, without recourse or access to sanitary facilities and without means of providing for his essential needs (violation of Article 3).

Finally, the case concerns shortcomings in the Greek authorities' examination of the applicant's asylum request and of the risk he faced of being returned directly or indirectly to his country of origin without any serious examination of the merits of his asylum application and without having access to an effective remedy (violation of Article 13 taken in conjunction with Article 3).

Violations found against Belgium: The transfer of the applicant by Belgium to Greece under the Dublin II Regulation exposed him to the risks arising from deficiencies in the asylum procedure in Greece (violation of Article 3).

The applicant's expulsion, knowingly brought about by the Belgian authorities, exposed him to detention and living conditions in Greece that amounted to degrading treatment (violation of Article 3).

The applicant did not have at his disposal a domestic remedy whereby he might obtain both the suspension of the measure at issue and a thorough and rigorous examination of the complaints arising under Article 3 (violation of Article 13 taken in conjunction with Article 3).

State of execution: Action plans are awaited from both Greece and Belgium. The issue of conditions of detention under Article 3 will be examined together with the cases S.D. against Greece, No. 53541/07, of 11/06/2009, Tabesh against Greece, No. 8256/07, of 26/11/2009 and A.A. against Greece, No. 12186/08, of 22/07/2010.

Urgent individual measures: The European Court considered that it was incumbent on Greece to proceed without delay with an examination of the merits of the applicant’s asylum request that meets the requirements of the Convention and, pending the outcome of that examination, to refrain from deporting the applicant (§402 of the judgment)

On 07/02/2011, the Greek authorities indicated that the President of the Legal Council of the State (Government Agent) contacted the relevant departments (departments in charge of immigration and of asylum) to inform them of the judgment and request implementation of the urgent individual measures. These departments have been asked to locate the applicant, to verify his current situation and in particular his conditions of stay. Similarly, they have been asked to examine the developments regarding his asylum request.

Decision

The Deputies,

1. noted the information provided by the Greek authorities on the urgent individual measures according to which the President of the Legal Council of the State (Government Agent) has contacted the relevant departments (departments in charge of immigration and of asylum) with a request to locate the applicant, to verify his current situation and in particular his conditions of stay, and to examine the developments regarding his asylum request;

2. urged the Greek authorities to proceed with an examination of the merits of the applicant’s asylum request that meets the requirements of the Convention and, pending the outcome of that examination, to refrain from deporting the applicant.

- 1 case against Croatia

15766/03 ORSUS AND OTHERS, judgment of 16/03/2010 - Grand Chamber

Case description: Discrimination against the applicants due to the lack of objective or reasonable justification for their placement in Roma-only classes allegedly based on their inadequate command of the Croatian language (violation of Article 14 taken together with Article 2 of Protocol No. 1). Excessive length of proceedings which lasted over four years before the Constitutional Court (violation of Article 6§1).

State of execution: In October 2010 the Croatian authorities submitted an action plan setting out the general measures envisaged in this case. The Secretariat's assessment on the proposed measures identified can be found in CM/Inf(2010)46. At their 1100th meeting (November-December 2010), the Deputies invited the Croatian authorities to provide information on the outstanding issues identified in the memorandum. In response, the Croatian authorities have submitted a revised action plan containing information on the progress of implementation of the measures announced in the initial action plan.

Links to the relevant documents

Initial action plan DD(2010)581E

Revised action plan DD(2011)53

CM/Inf/DH(2010)46

Communication from NGOs: European Roma Rights Center, the Greek Helsinki Monitor and Open Society Initiative DD(2010)586

Decision

The Deputies,

1. recalled that, at their 1100th meeting (November-December 2010), they invited the Croatian authorities to provide information on the outstanding issues identified in the memorandum CM/Inf/DH(2010)46 and on the developments regarding the measures to be taken;

2. noted that, in response to the Deputies’ invitation, the Croatian authorities submitted a revised version of the action plan containing information on the progress of implementation of the measures announced in the initial action plan;

3. instructed the Secretariat to examine the revised action plan and submit its assessment to the Committee.

- 1 case against France

25672/07 BOUSARRA, judgment of 23/09/2010, final on 23/12/2010

Case description: Disproportionate interference with the right to respect for family life of the applicant, a Moroccan national, due to a final expulsion order issued against him (violation of Article 8).

State of execution: Individual measures are urgently required to ensure the restoration of the applicant’s family links by lifting the final order of expulsion from French territory. An action plan / action report is awaited.

Notes: The applicant, Mr. Bousarra, a Moroccan national, arrived in France with his parents at the age of three weeks.

The decision to deport him to Morocco was taken in 2001 when he was sentenced to five years’ imprisonment, of which one year suspended, for a drugs-related offence, extortion, kidnapping and possession of an illegal weapon. He is currently residing in Taza (Morocco).

The European Court noted that it could not be reasonably argued that because of the offences committed, the applicant represented an extremely serious threat to public order justifying expulsion from French territory (§53). The European Court found a violation of Article 8 considering that the final expulsion order represented a disproportionate interference with his right to respect for his family life.

The Court further noted that if the current legislation introduced by Law No. 2003-1119 adopted in 2003 had been in force at the time of the facts, the applicant could have availed himself of it as a protected person under Articles L. 521-3 of the CESEDA and 131-30-2 of the Penal Code (§52). In January 2006 the applicant submitted an application for a visa at the Consulate General of France in Morocco. On 30/05/2007, the deputy consul refused the visa application on the basis of the decision of the Minister of Interior, dated of 12/07/2007, considering that the expulsion from the territory still remained an "imperative necessity for public order" under the current Article L. 521-2 of CESEDA (§18).

Finally, it should be stressed the urgency of remedying the situation of the applicant, who complains in particular of not being able to visit his 80-year old father, a French national living in France (§ 49).

It therefore seems that individual measures are urgently needed: the Deputies might wish to invite the French authorities to lift the ban on entering French territory imposed on the applicant and in this context to consider any application he might make to return (see similar cases Maslov (1638/03), judgment of 23/06/2008 - Grand Chamber, Final Resolution CM/ResDH(2009)117, and Boultif (54273/00), Final Resolution CM/ResDH(2009)15).

Decision

The Deputies,

1. recalled that the violation of the Convention found by the Court in this case concerns a disproportionate interference with the applicant’s right to respect for his family life because of his expulsion due to criminal acts committed in France;

2. recalled that the European Court noted that it could not be reasonably argued that because of the offences committed, the applicant represented an extremely serious threat to public order justifying definitive expulsion from French territory;

3. underlined the urgency of remedying the situation of the applicant who complains in particular of not being able to visit his 80-year-old father, a French national living in France;

4. invited the respondent state to lift the ban on entering French territory imposed on the applicant and in this context to consider any application he might make to return.

- 2 cases against Georgia

30323/02 PANDJIKIDZE AND OTHERS, judgment of 27/10/2009, final on 27/01/2010

4313/04 GORGUILADZE, judgment of 20/10/2009, final 20/01/2010

Case description: Breach of the applicants' right to a fair trial as they were tried by a court "not established by law", two of the three judges of the bench not being professional judges and not governed by any law (violations of Article 6§1). In the case of Pandjikidzé and others, three of the applicants were convicted of high treason on 8/11/2001 and sentenced to 3 years' or 2 years and 5 months' imprisonment. These applicants are no longer detained. Mr Gorguiladzé was sentenced on 21/05/2003 to 18 years' imprisonment for homicide. He is still in detention.

The Gorguiladzé case also concerns inhuman and degrading detention conditions (in 2003, 2004 and 2005) at Tbilisi Prison No. 5 (violation of Article 3)

Under Article 41, the Court stated that when there has been a conviction at first instance by a tribunal not established by law contrary to the requirements of Article 6§1 of the Convention and that there has been no general examination of the case on the merits since, a new trial or reopening of the proceedings on the merits at the applicants' request is in principle an appropriate way to redress the violation found.

State of execution:

Individual measures: information is awaited on the possibility of reopening of the proceedings, in particular in the case of Mr. Gorguiladzé who was sentenced to 18 years on 21/05/2003 and is still detained.

General measures: Amendments to the Code of Criminal Procedure of 25/03/2005 abolished the institution of non professional judges. The issue of inhuman and degrading detention conditions is being dealt with in the framework of the case of Aliev (application No. 522/04). It should be noted however that the Georgian authorities informed the Committee of Ministers that Tbilisi Prison No. 5 was demolished in 2008 and replaced by a new building equipped with a modern infrastructure.

The Committee of Ministers has not yet received comprehensive information on the individual measures taken or envisaged in these cases by the Georgian authorities for the implementation of these judgments. The Deputies may therefore wish to adopt the decision below.

Decision

The Deputies,

1. recalled that in its judgments, the Court stated that when there has been a conviction at first instance by a tribunal not established by law contrary to the requirements of Article 6§1 of the Convention and that there has been no general examination of the case on the merits since, a new trial or reopening of the proceedings on the merits at the applicants' request is in principle an appropriate way to redress the violation found;

2. noted with concern that more than one year after the judgments have become final, no information has been provided by the Georgian authorities on the individual measures they intend to take in these cases;

3. recalled Recommendation No. R (2000) 2 of the Committee of Ministers to member states on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights;

4. urged the Georgian authorities to inform the Committee of Ministers of the measures taken or envisaged without further delay.

- 12 cases against Italy

37201/06 SAADI, Grand Chamber judgment of 28/02/2008

2638/07 ABDELHEDI, judgment of 24/03/2009, final on 14/09/2009

38128/06 BEN SALAH, judgment of 24/03/2009, final on 14/09/2009

46792/06 BOUYAHIA, judgment of 24/03/2009, final on 14/09/2009

44006/06 C.B.Z., judgment of 24/03/2009, final on 14/09/2009

11549/05 DARRAJI, judgment of 24/03/2009, final on 14/09/2009

16201/07 HAMRAOUI, judgment of 24/03/2009, final on 14/09/2009

37257/06 O., judgment of 24/03/2009, final on 14/09/2009

37336/06 SOLTANA, judgment of 24/03/2009, final on 14/09/2009

12584/08 SELLEM, judgment of 05/05/2009, final on 06/11/2009

Case description: Risk for the applicants of being subject to ill-treatment, if expelled to Tunisia (potential violations of Article 3).

State of execution:

Individual measures: Expulsion orders issued against certain applicants have been lifted. Information on whether the expulsion orders against the other applicants are still in force is necessary.

General measures: The judgments have been published on the websites of the Court of Cassation and of the government, with an Italian translation. They have also been widely disseminated to competent authorities (supervisory magistrates and justices of the peace). See also the case Ben Khemais against Italy (Application No. 246/07). Information on other general measures envisaged or already taken would be useful.

In the light of the judgments of the Court, the Deputies might wish to request further information on individual measures in all the cases where the expulsion orders are still in force, regardless of whether the applicants are currently detained or not.

Decision

The Deputies,

1. recalled that in these cases the European Court considered that the decisions to expel the applicants to Tunisia, if executed, would violate Article 3 of the Convention;

2. called upon the Italian authorities to provide information on whether the expulsion orders against the applicants Ben Salah, Bouyahia, C.B.Z., Hamraoui, O. and Sellem are still in force, and in the affirmative to lift them;

3. invited the Italian authorities to indicate whether other general measures, besides publication and dissemination, are envisaged or already taken.

246/07 BEN KHEMAIS, judgment of 24/02/2009, final on 06/07/2009

50163/08 TRABELSI, judgment of 13/04/2010, final on 13/07/2010

Case description: Expulsion of the applicants to Tunisia where they face the risk of ill-treatment; failure to comply with the European Court's interim measures indicating to the Italian authorities not to expel the applicants (violations of Articles 3 and 34).

State of execution:

Individual measures: Information is still awaited on the applicants’ current situation.

General measures: at their 1086th meeting (June 2010), the Deputies adopted Interim Resolution CM/ResDH(2010)83 urging the Italian authorities to take all necessary measures capable of preventing similar violations. Recent case-law developments, coupled with the circular letter of the Ministry of Justice to all Italian courts of appeal, indicate a positive trend in ensuring full compliance with interim measures ordered by the European Court. It remains to be seen how this will be applied in practice, in particular in respect of expulsion orders issued by the Ministry of Interior or by Prefects (for more details, see the notes on the annotated agenda for the 1100th meeting (November-December 2010)).

Notes: It is recalled that a further two applicants were expelled to Tunisia despite the Court’s indication of an interim measure (cases of Ali Toumi and Mannai). The Parliamentary Assembly, the Secretary General and the Committee of Ministers strongly reacted to this situation (see in particular the Interim Resolution CM/ResDH(2010)83).

As regards the pending issues, at the 1100th meeting (September 2010) information was requested including:

(1) examples demonstrating that interim measures issued by the European Court are respected in practice, in particular when Justices of the Peace are required to validate expulsions ordered by the Ministry of Interior and Prefects;

(2) the feedback requested from courts of appeal by the Ministry of Justice on the implementation of the requirements of the Convention;

(3) measures envisaged to create a mechanism to ensure that all relevant authorities (Ministry of Interior, Prefects, Justices of the Peace, supervisory magistrates, judges competent for the execution of sentences, Chiefs of Police) are rapidly informed when an interim measure is indicated by the European Court.

No reply has yet been provided to these requests.

In the light of the above, the Committee of Ministers might wish to reiterate its requests for further information both on the current situation of the applicants and on the pending issues in the framework of general measures.

Link to relevant documents

Interim Resolution CM/ResDH(2010)83

Decision

The Deputies,

1. recalled that, according to the Court’s well-established case-law, Article 34 of the Convention entails an obligation on states to comply with interim measures indicated pursuant to Rule 39 of the Rules of the Court since the Grand Chamber’s judgment of 4 February 2005 in the case of Mamatkulov and Askarov against Turkey;

2. stressed again the fundamental importance of complying with interim measures indicated by the Court;

3. invited the Italian authorities to provide, to the maximum extent possible, information on the applicants’ current situation in Tunisia;

4. reiterated their request to the Italian authorities to provide examples demonstrating that interim measures issued by the European Court are respected in practice, in particular when Justices of the Peace are required to validate expulsions ordered by the Ministry of Interior and Prefects, as well as to provide information on the feedback requested from courts of appeal by the Ministry of Justice on the implementation of the requirements of the Convention and on measures envisaged to create a mechanism to ensure that all relevant authorities are rapidly informed when an interim measure is indicated by the European Court.

- 1 case against Moldova

476/07+ OLARU AND OTHERS, judgment of 28/07/2009, final on 28/10/2009, of 06/04/2010 (Friendly settlement - just satisfaction in the Lungu application, 17911/08), of 20/04/2010, final on 20/07/2010 (Striking-out - just satisfaction in the Racu application, 13136/07), of 28/09/2010, final on 28/12/2010 (just satisfaction in the Gusan application, 22539/05) and of 12/10/2010, final on 12/01/2011 (just satisfaction in the Olaru application, 476/07)

Case description: Structural problem highlighted by the Court in applying the "pilot judgment procedure”: Violations of the applicants' right of access to a court and right to peaceful enjoyment of their possessions on account of the state's failure to enforce the final domestic judgments awarding them social housing rights or money in lieu of housing (violations of Article 6 and Article 1 of Protocol No. 1).

State of execution: The pilot judgment requires the setting up of a domestic remedy in respect of non-enforcement or delayed enforcement of domestic judicial decisions concerning social housing within a specific deadline. This deadline has been recently extended by the Court until 15/04/2011. On 26/01/2011 the revised draft laws providing a general remedy in case of excessive length of judicial and enforcement proceedings were approved by the government and sent to Parliament for adoption. The revised text of the draft laws was also sent to the Secretariat and is now being assessed. It would appear that the revised text was prepared in particular in the light of the Secretariat's comments previously sent to the authorities.

The process of ad hoc settlement of similar individual applications lodged with the Court before the delivery of the pilot judgment is in progress. The Court has recently granted an extension the deadline until 1/06/2011 (this issue is not examined at the present meeting).

Link to relevant documents

DH-DD(2010)601 Communication from the Registry of the European Court.

Decision

The Deputies,

1. noted with satisfaction that the draft laws providing a general remedy in case of excessive length of judicial and enforcement proceedings had been approved by the government and sent to Parliament for adoption;

2. recalled that the new deadline set by the European Court for the adoption of a domestic remedy would expire on 15 April 2011;

3. strongly encouraged the Moldovan authorities to adopt these draft laws as a matter of priority and in any event before the expiry of the deadline set by the Court.

* * *

- 16 cases against Serbia

Case description: Violations of the applicants' right to a fair trial due to failure to enforce final court or administrative decisions (violations of Article 6§1) and of the applicants' right to the peaceful enjoyment of their possession (violations of Article 1 of Protocol No. 1). Lack of an effective remedy (violations of Article 13), violations of the applicants' right to their family life due to the failure to enforce custody orders (violations of Article 8). Excessive length of family-related proceedings (in the case of V.A.M.) (violation of Article 6§1).

State of execution: Around 1050 similar applications are pending before the European Court. The general measures taken so far and the outstanding issues can be found in the memorandum (CM/Inf/DH(2010)25).

A draft Enforcement Act was prepared and submitted to Parliament in December 2010. The Serbian authorities obtained expert opinion on the draft law in the context of the Human Rights Trust Fund Project “on removing the obstacles to the non-enforcement of domestic court judgments / ensuring an effective implementation of domestic court judgments”. When the Enforcement Act comes into force, it is expected to facilitate the acceleration of enforcement proceedings and increase their efficiency. The Committee observed at its 1086th meeting (June 2010) that problems related to the non-enforcement of domestic court decisions rendered in respect of socially owned companies were a major issue of concern. Specific measures are necessary in this respect. A Task Force was established in January 2011 to identify specific measures required for debts owed by socially owned companies and confirmed by a final decision. It is expected that the task force will determine the total amount of this debt and make proposals for its settlement.

Link to relevant documents:

CM/Inf/DH(2010)25

Decision

The Deputies,

1. noted with satisfaction that the draft Enforcement Act, which is expected to facilitate the acceleration of enforcement proceedings and increase their efficiency, was submitted to Parliament for adoption;

2. noted that a task force was established to identify specific measures required for the debts owed by socially owned companies and confirmed by a final decision;

3. recalled that problems related to the non-enforcement of decisions rendered against socially owned companies are a major issue of concern since the number of applications lodged with the European Court is increasing steadily;

4. encouraged the Serbian authorities to ensure the rapid adoption of the draft Enforcement Act and to take other measures aimed at resolving the outstanding issues identified in the memorandum (CM/Inf/DH(2010)25), in particular with respect to the socially-owned companies.

- 387 cases against Ukraine

40450/04 YURIY NIKOLAYEVICH IVANOV, judgment of 15/10/2009, final on 15/01/2010

56848/00 ZHOVNER GROUP AND 385 OTHER CASES

Case description: Structural problem highlighted by the Court by applying the “pilot judgment procedure”: violations of the rights of access to a court and protection of property on account of the failure or serious delay by the Administration or state companies in abiding by final domestic judgments; lack of an effective remedy in this respect (violations of Articles 6§1, 13 and Article 1 of Protocol No. 1).

The Court applied the pilot judgment procedure in the case of Yury Nikolaevich Ivanov and set a specific deadline for the setting up of a domestic remedy in respect of excessive length of enforcement proceedings. The Court also indicated that specific reforms in Ukraine's legislation and administrative practice should be implemented without delay. The need for a domestic remedy and for the adoption of specific reforms has already been highlighted by a great number of judgments in the Zhovner group of cases. The Court further invited the respondent state to settle on ad hoc basis all similar applications lodged with it before the delivery of the pilot judgment (1,600) and decided to adjourn the examination of similar cases.

State of execution : Since the last Interim Resolution CM/ResDH(2010)222 adopted by the Committee in response to the delays in the implementation of the pilot judgment, a draft law addressing problems identified by the Court and providing for a domestic remedy was tabled with Parliament on 14/01/2011. On 18/01/2011, the Court decided to extend the deadline set by the pilot judgment until 15/07/2011 (see DD(2011)54). As regards the ad hoc settlement of individual applications lodged with the Court before the delivery of the pilot judgment, it would appear that a very limited progress has been done so far (no settlement has been proposed in about 1,100 cases as results from the Court's letter).

Information on individual measures is still awaited in a number of cases in the Zhovner group (i.e. the enforcement of domestic judicial decisions delivered in the applicants' favour).

Notes: The Committee has been examining the Zhovner group of cases since 2004. In the last Interim Resolution CM/ResDH(2010)222 adopted as a result of the delays in the implementation of the pilot judgment, the Committee strongly urged the Ukrainian authorities at the highest political level to adopt as a matter of priority the specific reforms in Ukraine's legislation and administrative practice required by the pilot judgment.

The draft law mentioned above seems to make a distinction between judgment debts existing before the adoption of the law and those which will arise after that date. For the latter, the draft law sets up a new procedure of enforcement of domestic judgments. It results from the preliminary analysis that the new procedure could potentially constitute an effective domestic remedy provided that a number of issues are brought in line with the Convention’s requirements (e.g. level of compensation) and adequate budgetary allocations are subsequently foreseen in the appropriate budgetary legislation.

The situation with regard to judgment debts existing before the adoption of the law is subject to further clarification.

Links to relevant documents

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

Interim Resolutions CM/ResDH(2008)1; CM/ResDH(2009)159; CM/ResDH(2010)222

DH-DD(2011)54 Communication from the Registry of the European Court

Decision

The Deputies,

1. noted with satisfaction that a draft law addressing problems identified by the Court and providing a domestic remedy in cases of non-enforcement or unreasonably delayed enforcement of domestic judicial decision had been tabled before Parliament;

2. called upon the Ukrainian authorities to give priority to the adoption of the domestic remedy as required by the pilot judgment within the new deadline set by the Court, 15 July 2011;

3. stressed that in order to be considered as effective, such a remedy should meet the core requirements of the Convention, namely that:

- no-one should be required to prove the existence of non-pecuniary damage as it is strongly presumed to be the direct consequence of the violation itself;

- compensation should not be conditional on establishing fault on the part of officials or the authority concerned as the state is objectively liable under the Convention for its authorities’ failure to enforce court decisions delivered against them, within a reasonable time;

- the level of compensation must not be unreasonable in comparison with the awards made by the European Court in similar cases;

- adequate budgetary allocations should be provided so as to ensure that compensation is paid promptly;

4. urged the Ukrainian authorities to enhance their efforts to resolve the similar individual cases lodged with the Court before the delivery of the pilot judgment;

5. strongly urged all Ukrainian authorities to comply without further delay with their obligation under the Convention to enforce those domestic judgments in the cases which appear below in the appendix to the present decision.

Appendix to the decision in the case of Yuriy Nikolayevich Ivanov v. Ukraine and Zhovner group of cases

List of cases in which the domestic courts’ decisions remain unenforced notwithstanding the violations found in this respect by the Court

41073/02 Andrusenko and others, judgment of 10/11/2006, final on 10/02/2007

17022/02 Antonyuk, judgment of 11/12/2008, final on 11/03/2009

41803/04 Belochenko, judgment of 15/05/2008, final on 29/09/2008

25003/06 Biletskaya, judgment of 10/12/2009, final on 10/03/2010

35274/03 Blanutsa, judgment of 20/09/2007, final on 20/12/2007

34091/03 Borisov and others, judgment of 24/04/2008, final on 24/07/2008

39405/03 Chervonets (III), judgment of 24/04/2008, final on 24/07/2008

14394/04 Dedukh, judgment of 31/01/2008, final on 30/04/2008

35765/05+ Derevyanko and Beletskiy, judgment of 11/10/2007, final on 11/01/2008

19855/03 Donichenko, judgment of 05/04/2007, final on 05/07/2007

39265/02 Fateyev, judgment of 06/09/2007, final on 06/12/2007

12997/06 Filshteyn, judgment of 28/05/2009, final on 28/08/2009

71186/01 Fuklev, judgment of 07/07/2005, final on 30/11/2005

23906/05 Fyodorov, judgment of 22/07/2008, final on 22/10/2008

30675/06+ Gimadulina and others, judgment of 10/12/2009, final on 10/03/2010

19949/03 Glivuk, judgment of 20/09/2007, final on 20/12/2007

22358/06 Glushko, judgment of 15/10/2009, final on 15/01/2010

10398/04 Gogin, judgment of 11/12/2008, final on 11/03/2009

22215/04 Ivashchenko, judgment of 14/12/2006, final on 14/03/2007

1351/06+ Karpenko and Markov, judgment of 18/09/2008, final on 18/12/2008

45524/05+ Karpukhan and others, judgment of 10/12/2009, final on 10/03/2010

24739/05 Kharchuk, judgment of 12/06/2008, final on 12/09/2008

34419/06 Khmylyova, judgment of 18/06/2009, final on 18/09/2009

40753/07 Komnatskyy, judgment of 15/10/2009, final on 15/01/2010

20728/04 Kooperativ Kakhovskiy-5, judgment of 19/02/2009, final on 14/09/2009

1421/03+ Kopylovich and others, judgment of 17/01/2008, final on 17/04/2008

28808/07 Korniychuk, judgment of 15/10/2009, final on 15/01/2010

1110/02+ Koval and Patsyora, judgment of 03/05/2007, final on 03/08/2007

27349/03 Kozhanova, judgment of 22/11/2005, final on 22/02/2006

36772/04 Krasovskiy, judgment of 12/03/2009, final on 12/06/2009

19547/06 Krivenko, judgment of 15/10/2009, final on 15/01/2010

1811/06 Kryshchuk, judgment of 19/02/2009, final on 19/05/2009

26855/05 Lazarenko, judgment of 19/11/2009, final on 19/02/2010

4510/05 Logachova, judgment of 10/12/2009, final on 10/05/2010

903/05+ Lopatyuk and others, judgment of 17/01/2008, final on 17/04/2008

17327/02 Lukyanchenko, judgment of 15/05/2008, final on 15/08/2008

18219/02 Lysenko, judgment of 07/06/2007, final on 12/11/2007

11931/02 Mas, judgment of 11/01/2007, final on 23/05/2007

38683/04 Matkivska, judgment of 12/03/2009, final on 12/06/2009

32558/04 Mavrodiy, judgment of 07/06/2007, final on 07/09/2007

22986/04 Mikhaylov, judgment of 29/03/2007, final on 29/06/2007, rectified on 26/05/2008

42478/04 Mirvoda, judgment of 07/12/2006, final on 07/03/2006

5616/04 Omelchak, judgment of 15/05/2008, final on 15/08/2008

39924/02 Orel, judgment of 15/11/2007, final on 02/06/2008

8437/06+ Osokin and Osokina, judgment of 10/12/2009, final on 10/03/2010

1755/05+ Otychenko and Fedishchenko, judgment of 12/03/2009, final on 12/06/2009

5578/03 Ovcharenko, judgment of 22/11/2005, final on 22/02/2006

10911/05 Panchenko Ivan, judgment of 10/12/2009, final on 10/03/2010

22606/04+ Parintsev and others, judgment of 29/11/2007, final on 29/02/2008

37758/05 Peretyatko, judgment of 27/11/2008, final on 27/02/2009

12477/06+ Pidorina and Krylenko, judgment of 18/06/2009, final on 18/09/2009

25476/02 Pogrebna, judgment of 15/02/2007, final on 09/07/2007

48771/06 Prokopyeva, judgment of 30/07/2009, final on 30/10/2009

34126/05 Rotar, judgment of 15/10/2009, final on 15/01/2010

15879/06 Rukas, judgment of 15/10/2009, final on 15/01/2010

31449/04 Sakontseva, judgment of 12/06/2008, final on 12/09/2008

32166/04 Sarafanov, judgment of 14/12/2006, final on 14/03/2007

34168/05+ Savinskiy and Shevchenko, judgment of 19/11/2009, final on 19/02/2010

12868/05 Savula, judgment of 10/12/2009, final on 10/03/2010

9480/06 Semenovych, judgment of 30/07/2009, final on 30/10/2009

39846/04 Shaga, judgment of 31/01/2008, final on 30/04/2008

20028/04 Shapkina, judgment of 13/11/2008, final on 13/02/2009

10947/04 Shturkhalev, judgment of 24/04/2008, final on 24/07/2008, rectified on 01/09/2008

27589/05 Shventkovskiy, judgment of 30/07/2009, final on 30/10/2009

8107/06+ Skaloukhov and others, judgment of 19/11/2009, final on 19/02/2010

9177/05+ Skrypnyak and others, judgment of 10/07/2008, final on 10/10/2008

41152/98 Skubenko, judgment of 29/11/2005, final on 01/03/2006

8191/04 Solomatin, judgment of 15/10/2009, final on 15/01/2010

39760/05 Solonskiy, judgment of 30/07/2009, final on 30/10/2009

41313/06+ Sorokina and Goncharenko, judgment of 30/07/2009, final on 30/10/2009

30922/05 Stadnyuk, judgment of 27/11/2008, final on 27/02/2009

20984/04 Stankovskaya, judgment of 11/12/2008, final on 11/03/2009, rectified on 17/02/2009

2387/06 Storozhuk, judgment of 15/10/2009, final on 15/01/2010

5082/05 Sudyin, judgment of 24/04/2008, final on 24/07/2008

31387/05 Vasilchuk, judgment of 10/12/2009, final on 10/05/2010

39876/05+ Vasylyeva and others, judgment of 12/03/2009, final on 12/06/2009

39874/05 Voskoboynyk, judgment of 12/03/2009, final on 12/06/2009

14077/05 Yangolenko, judgment of 10/12/2009, final on 10/05/2010

D. Information on the following cases

(DH - DD(2011)138)

- 123 cases against the Russian Federation

- 123 cases concerning security forces in the Chechen Republic

(See Appendix for the list of cases in the Khashiyev and Akayeva group)

No decision under this item.

Appendices

Appendix 1: List of cases for which an action plan / action report has been received since the last meeting

Appendix 2: List of cases raising questions concerning the payment of just satisfaction

- list of cases under payment

- list of cases paid

Appendix 3: Transitory provisions: List of pending cases awaiting classification

1 These two last documents will be issued separately.

2 This application was lodged against Italy and Albania but the European Court found no violation in respect of Italy.



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