Press release - DC073(2013) Revised (*)

Committee of Ministers to examine execution of human rights judgments

Strasbourg, 24.05.2013 – The representatives of the 47 member states of the Council of Europe will examine the implementation of the judgments and decisions of the European Court of Human Rights on 4-6 June 2013.

This supervisory role of the Committee of Ministers is provided for under Article 46 of the European Convention on Human Rights.

The cases proposed for more detailed examination concern Albania, Armenia, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Greece, Hungary, Ireland, Italy, the Republic of Moldova, Romania, the Russian Federation, Serbia, Slovenia, Turkey, Ukraine and the United Kingdom, and are listed below (*).

Decisions and resolutions adopted together with working documents will be made public shortly after the meeting on the website of the Committee of Ministers.

Information regarding the state of execution in all cases pending before the Committee of Ministers can be found on the web site of the Department for the execution of the judgments of the European Court of Human Rights.

(*) In addition to the cases initially proposed, the Committee decided during its meeting on 4 June to add the cases of R.R. v. Hungary and Volkov v. Ukraine – these cases are included in the list below.

Cases against Albania

Manushaqe Puto and others and Driza group (judgments final on 17/12/2012 and 02/06/2008): Non-enforcement of final domestic court and administrative decisions relating to the applicants’ right to restitution or compensation for property nationalised under the communist regime.

Cases against Armenia

Minasyan and Semerjyan group (judgment final on 23/09/2009): Violations of the applicants' right of property due to the expropriation of their flats or the deprivation of their right to use the flats under conditions that are not prescribed by law.

Cases against Azerbaijan

- Muradova group (judgment final on 02/07/2009): Excessive use of force by the police against the applicants (two of them journalists) during demonstrations and lack of an effective investigation in this respect.

- Mahmudov and Agazade group (judgment final on 18/03/2009): Violation of the right to freedom of expression of journalists.

Case against Belgium

M.S. (judgment final on 30/04/2012): Applicant’s forced return to Iraq, following unlawful periods of detention, notwithstanding the risk of torture or ill-treatment there.

Case against Bosnia and Herzegovina

Sejdić and Finci (judgment final on 22/12/2009): Violation of right to free elections and discrimination against minorities.

Cases against Bulgaria

Kehayov group (judgment final on 18/04/2005): Poor conditions of detention in investigative detention facilities and in prisons (overcrowding, poor sanitary and material conditions) and lack of effective remedy in this respect.

Cases against Greece

- Bekir-Ousta and others group (judgment final on 11/01/2008): Violation of the right to freedom of association due to unjustified refusals of registration or dissolutions of associations.

- Michelioudakis and Diamantides No. 2 group (judgments final on 03/07/2012 and 19/08/2005): Excessive length of criminal proceedings and lack of an effective remedy.

- Nisiotis group (judgment final on 20/06/2011): Inhuman and /or degrading conditions of detention (overcrowding) in particular regarding the Ioannina prison.

Cases against Hungary

- Kalucza (judgment final on 24/07/2012): Authorities’ failure to protect the applicant from her violent former partner despite her repeated requests.

- R.R (judgment final on 29/04/2013): Violation of the right to life because of the exclusion of 4 of the 5 applicants [see (*) above].

Case against Ireland

A., B. and C. (judgment final on 16/12/2010): Absence of any legislative or regulatory regime providing access to lawful abortion when the mother's life is at risk.

Cases against Italy

- Ceteroni group, Luordo group, Mostacciuolo group and Gaglione and others (judgments final on 15/11/1996, 17/10/2003, 29/03/2006 and 20/06/2011): Excessive length of judicial proceedings; insufficient amount and delay in payment of the awards made to compensate for delays (Pinto remedy).

- Sulejmanovic (judgment final on 06/11/2009): Inhuman or degrading conditions of detention (overcrowding).

Case against the Republic of Moldova

Taraburca (judgment final on 06/03/2012): Ill-treatment by police and arbitrary detentions in the context of violent post-election events in April 2009 and ineffective investigation.

Cases against Romania

Străin and others group and Maria Atanasiu (judgments final on 30/11/2005 and 12/01/2011): Ineffectiveness of the mechanism set up to afford restitution of or compensation for properties nationalised during the communist regime.

Cases against the Russian Federation

- Garabayev group (judgment final on 30/01/2008): Different violations related to extradition; abduction and illegal transfer to Tajikistan of applicants despite official refusals of their extradition and, in one case, also an indication by the European Court that no transfer should take place awaiting its examination of the application.

- Alekseyev (judgment final on 11/04/2011): Repeated unjustified bans on gay marches.

Case against Serbia

Grudić (judgment final on 24/09/2012): Violation of the applicants’ right to property since the payment of their pensions earned in Kosovo* was suspended for more than a decade in breach of the relevant domestic law.

* All reference to Kosovo, whether the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo

Case against Slovenia

Kurić and others (judgment final on 26/06/2012): Violation of right to private and family life following the “erasure” of the resident status of an entire category of former citizens of Socialist Federal Republic of Yugoslavia at the time of Slovenia’s declaration of independence.

Cases against Turkey

- Cyprus against Turkey (judgment final on 10/05/2001): 14 violations in relation to the situation in the northern part of Cyprus.

- Varnava (judgment final on 18/09/2009): Lack of effective investigation on the fate of nine Greek Cypriot who disappeared during the military operations by Turkey in Cyprus in 1974.

- Demirel group (judgment final on 28/04/2003): Excessive length of detention on remand and lack of sufficient reasons justifying extension of such detention; lack of an effective remedy and lack of right to compensation.

- Hulki Gunes group (judgment final on 19/09/2003): Unfairness of criminal proceedings.

Cases against Ukraine

- Gongadze (judgment final on 08/02/2006): Failure to protect the life of a journalist known to be critical of the authorities; ineffective investigation into his abduction and death; degrading treatment of his widow; lack of an effective remedy.

- Kaverzin and Afanasyev group (judgments final on 15/08/2012 and 05/07/2005): Ill-treatment by the police and ineffective investigations into complaints in respect hereof.

- Lutsenko (judgment final on 19/11/2012): Unjustified pre-trial detention, including for other reasons than those permissible under the Convention.

- Volkov (judgment final on 27/5/2013): serious systemic problems as regards the functioning of the Ukrainian judiciary [see (*) above].

Case against the United Kingdom

Al-Jedda (judgment final on 07/07/2011): Internment of an Iraqi civilian from 2004-2007 in a detention centre in Iraq, run by British forces notwithstanding the absence of legal basis for such a measure.

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