Ministers’ Deputies

Decisions

CM/Del/Dec(2010)1100 6 December 2010

____________________

1100th meeting (DH), 30 November, 1-2 December 2010

Decisions adopted at the meeting

____________________

1100th DH meeting – 2 December 2010

Item a.

Adoption of the Annotated Agenda and Order of Business

Decisions

The Deputies

1. agreed to postpone to their 1108th meeting (March 2011) (DH) the following items placed on the draft annotated Agendas of their 1100th meeting (DH):

- 2 cases against Albania

41153/06 Dybeku, judgment of 18/12/2007, final on 02/06/2008

25336/04 Grori, judgment of 07/07/2009, final on 07/10/2009

- 1 case against Armenia

36549/03 Harutyunyan, judgment of 28/06/2007, final on 28/09/2007

- 13 cases against Azerbaijan

16528/05 Hajibeyli, judgment of 10/07/2008, final on 10/10/2008

37083/03 Tebieti Mühafize Cemiyyeti and Israfilov, judgment of 08/10/2009, final on 10/05/2010

21674/05 Rahimova, judgment of 17/01/2008, final on 07/07/2008

19853/03 Akimova, judgment of 27/09/2007, final on 27/12/2007 and of 09/10/2008 – Friendly settlement

44363/02 Ramazanova and others, judgment of 01/02/2007, final on 01/05/2007

28736/05 Aliyev and others, judgment of 18/12/2008, final on 18/03/2009

4439/04 Ismayilov, judgment of 17/01/2008, final on 17/04/2008

4307/04 Nasibova, judgment of 18/10/2007, final on 18/01/2008

37700/05 Seyidzade, judgment of 03/12/2009, final on 03/03/2010

34640/02 Rahmanova, judgment of 10/07/2008, final on 10/10/2008

5548/03 Hajiyev, judgment of 16/11/2006, final on 16/02/2007

33343/03 Tarverdiyev, judgment of 26/07/2007, final on 26/10/2007

31556/03 Efendiyeva, judgment of 25/10/2007, final on 25/01/2008 and of 11/12/2008, final on 11/03/2009

- 57 cases against Bulgaria

44009/02 Ivanov Evgeni, judgment of 22/05/2008, final on 22/08/2008

15158/02 Kirilov, judgment of 22/05/2008, final on 22/08/2008

45114/98 Bojilov, judgment of 22/12/2004, final on 22/03/2005

42026/98 Asenov, judgment of 15/07/2005, final on 15/10/2005

47799/99 Bojinov, judgment of 28/10/2004, final on 28/01/2005

56796/00 Danov, judgment of 26/10/2006, final on 26/01/2007

16085/02 Georgieva, judgment of 03/07/2008, final on 03/10/2008

60859/00 Hristova, judgment of 07/12/2006, final on 07/03/2007

48870/99 Iliev, judgment of 22/12/2004, final on 22/03/2005

40063/98 Mitev, judgment of 22/12/2004, final on 22/03/2005

22774/03 Özver, judgment of 22/10/2009, final on 22/01/2010

74792/01 Rashid No. 2, judgment of 05/06/2008, final on 05/09/2008, rectified on 30/09/2008

3475/03 Titovi, judgment of 25/06/2009, final on 25/09/2009

47279/99 Yosifov, judgment of 07/12/2006, final on 07/03/2007

72001/01 Atanasova, judgment of 02/10/2008, final on 02/01/2009

23057/03 Dinchev, judgment of 22/01/2009, final on 22/04/2009

18527/02 Tonchev, judgment of 19/11/2009, final on 19/02/2010

41035/98 Kehayov, judgment of 18/01/2005, final on 18/04/2005

54578/00 Alexov, judgment of 22/05/2008, final on 22/08/2008

36275/02 Dimitrov Stoyan, judgment of 22/10/2009, final on 01/03/2010

55389/00 Dobrev, judgment of 10/08/2006, final on 10/11/2006

54659/00 Gavazov, judgment of 06/03/2008, final on 06/06/2008

61507/00 Georgiev Andrei, judgment of 26/07/2007, final on 26/10/2007

44082/98 I.I., judgment of 09/06/2005, final on 09/09/2005

41211/98 Iovchev, judgment of 02/02/2006, final on 02/05/2006

55712/00 Kostadinov, judgment of 07/02/2008, final on 07/05/2008

28674/03 Kostov Slavcho, judgment of 27/11/2008, final on 27/02/2009

57830/00 Malechkov, judgment of 28/06/2007, final on 28/09/2007

37449/02 Shishmanov, judgment of 08/01/2009, final on 08/04/2009

49438/99 Staykov, judgment of 12/10/2006, final on 12/01/2007

50765/99 Todorov Todor, judgment of 05/04/2007, final on 05/07/2007

56856/00 Yordanov, judgment of 10/08/2006, final on 10/11/2006

43278/98+ Velikovi and others, judgment of 15/03/2007, final on 9/07/2007, judgment of 24/04/2008 (Article 41), final on 24/07/2008

24186/04 Bachvarovi, judgment of 07/01/2010, final on 07/04/2010

56753/00 Dimitar and Anka Dimitrovi, judgment of 12/02/2009, final on 12/05/2009

10913/04 Georgievi, judgment of 07/01/2010, final on 07/04/2010

76963/01 Gyuleva and others, judgment of 25/06/2009, final on 25/09/2009

45116/98 Kalinova, judgment of 08/11/2007, final on 08/02/2008 and of 27/11/2008, final on 27/02/2009

30945/04 Kayriakovi, judgment of 07/01/2010, final on 07/04/2010

31836/04 Kirova and others, judgment of 02/07/2009, final on 02/10/2009

57176/00 Koprinarovi, judgment of 15/01/2009, final on 15/04/2009

6189/03 Mihaylovi, judgment of 12/02/2009, final on 12/05/2009

60805/00 Miteva, judgment of 12/02/2009, final on 12/05/2009

27636/04 Panayotova, judgment of 02/07/2009, final on 02/10/2009

29722/04 Peshevi, judgment of 02/07/2009, final on 02/10/2009

55722/00 Simova and Georgiev, judgment of 12/02/2009, final on 12/05/2009

27213/04 Tsonkovi, judgment of 02/07/2009, final on 02/10/2009

42617/02 Vladimirova and others, judgment of 26/02/2009, final on 26/05/2009

19162/03 Yurukova and Samundzhi, judgment of 02/07/2009, final on 02/10/2009

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

19257/03 Koriyski, judgment of 26/11/2009, final on 26/02/2010

36801/03 Mondeshki, judgment of 22/10/2009, final on 22/01/2010

15035/03 Popov Konstantin, judgment of 25/06/2009, final on 25/09/2009

33726/03 Tsonev Tsonyo, judgment of 01/10/2009, final on 01/01/2010

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

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

21480/03 Yordanov Georgi, judgment of 24/09/2009, final on 24/12/2009

- 2 cases against Finland

13079/03 Ruotsalainen, judgment of 16/06/2009, final on 16/09/2009

43151/02 Suuripää, judgment of 12/01/2010, final on 12/04/2010

- 8 cases against France

5608/05 Renolde, judgment of 16/10/2008, final on 16/01/2009

18497/03 Ravon and others, judgment of 21/02/2008, final on 21/05/2008

18603/03 André and others, judgment of 24/07/2008, final on 24/10/2008

18659/05 Kandler and others, judgment of 18/09/2008, final on 18/12/2008

10447/03 Maschino, judgment of 16/10/2008, final on 16/01/2009

2058/04 Société IFB, judgment of 20/11/2008, final on 20/02/2009

43757/05 Xavier Da Silveira, judgment of 21/01/2010, final on 21/04/2010

5242/04 Dubus S.A., judgment of 11/06/2009, final on 11/09/2009

- 1 case against Georgia and the Russian Federation

36378/02 Shamaïev and 12 others, judgment of 12/04/2005, final on 12/10/2005

- 4 cases against Georgia

74644/01 Donadze, judgment of 07/03/2006, final on 07/06/2006

41957/04 Kharitonashvili, judgment of 10/02/2009, final on 10/05/2009

40022/05 Kobelyan, judgment of 16/07/2009, final on 06/11/2009

71156/01 97 members of the Gldani Congregation of the Jehova’s witnesses and 4 others, judgment of 03/05/2007, final on 03/08/2007

- 20 cases against Greece

35332/05 Anonymos Touristiki Etairia Xenodocheia Kritis, judgment of 21/02/2008, final on 21/05/2008

35859/02 Housing Association of War Disabled and Victims of War of Attica and others, judgments of 13/07/2006, final on 11/12/2006 and of 27/09/2007, final on 31/03/2008

55828/00 Satka and others, judgments of 27/03/03, final on 27/06/03 and of 02/03/2006, final on 02/06/2006

9368/06 Theodoraki and others, judgment of 11/12/2008, final on 04/05/2009

14216/03 Z.A.N.T.E. - Marathonissi A.E., judgments of 06/12/2007, final on 02/06/2008 and of 28/05/2009, final on 06/11/2009

2898/03 N.T. Giannousis and Kliafas Brothers S.A., judgment of 14/12/2006, final on 23/05/2007

44858/04 Markoulaki No. 1, judgment of 26/07/2007, final on 26/10/2007

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

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

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

73840/01 Papazoglou and others, judgment of 13/11/03, final on 13/02/04

66296/01 Belaousof and others, judgment of 27/05/2004, final on 10/11/2004

44132/06 Examiliotis No. 3, judgment of 04/12/2008, final on 06/07/2009

12767/02 Hourmidis, judgment of 19/05/2004, final on 19/08/2004

66808/01 Lazarou, judgment of 08/07/2004, final on 08/10/2004

62771/00 Litoselitis, judgment of 05/02/2004, final on 05/05/2004

9893/08 Mageiras, judgment of 07/01/2010, final on 07/04/2010

11536/05 Papadopoulos Georgios, judgment of 11/10/2007, final on 11/01/2008

60457/00 Kosmopoulou, judgment of 05/02/04, final on 05/05/04

72081/01 Mavroudis, judgment of 22/09/2005, final on 22/12/2005

- 1 case against Italy

*30278/04 Ormanni, arrêt du 17/07/2007, définitif le 17/10/2007

- 2 cases against Luxembourg

24720/03 Alliance Capital (Luxembourg) S.A, judgment of 18/01/2007, final on 18/04/2007

76240/01 Wagner and J.M.W.L., judgment of 28/06/2007, final on 28/09/2007

- 1 case against Malta

26111/02 Mizzi, judgment of 12/01/2006, final on 12/04/2006

- 62 cases against Moldova

      - 48 cases concerning failure or substantial delay by the administration in abiding by final domestic judgments

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

19960/04 Popov No. 2, judgment of 06/12/2005, final on 06/03/2006

39815/07 Baroul-Partner-A, judgment of 16/07/2009, final on 16/10/2009 and of 19/10/2010 – Friendly settlement

11712/04 Ceachir, judgment of 15/01/2008, final on 15/04/2008

75/07 Duca, judgment of 03/03/2009, final on 14/09/2009

35367/08 Ipteh SA and others, judgment of 24/11/2009, final on 24/02/2010 and of 29/06/2010, final on 29/10/2010 - Striking out

53773/00 Istrate, judgment of 13/06/2006, final on 13/09/2006

6923/03 Melnic, judgment of 14/11/2006, final on 14/02/2007

30475/03 Moldovahidromas, judgment of 27/02/2007, final on 27/05/2007 and of 13/05/2008 – Friendly settlement

81/04 Savitchi, judgment of 17/06/2008, final on 17/09/2008

*53487/99 Meriakri, judgment of 01/03/2005, final on 06/07/2005 - Striking-out

35615/06 Cebotari, judgment of 13/11/207, final on 13/02/2008

42440/06 Muşuc, judgment of 06/11/2007, final on 06/022008

8207/06 Stepuleac, judgment of 06/11/2007, final on 06/02/2008

40663/98 Asito, judgment of 08/11/2005, final on 08/02/2006, and judgment of 24/04/2007 (Article 41) - Friendly settlement

- 406 cases against Poland

- 221 cases of length of proceedings before civil and labour courts

Interim Resolution CM/ResDH(2007)28

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

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

Interim Resolution CM/ResDH(2007)28

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

26397/02 Kordos, judgment of 26/05/2009, final on 26/08/2009

22860/02 Woś, judgment of 08/06/2006, final on 08/09/2006

31438/06 Kadłuczka, judgment of 02/02/2010, final on 02/05/2010

29334/06 Kostka, judgment of 16/02/2010, final on 16/05/2010

36137/04 Krosta, judgment of 02/02/2010, final on 02/05/2010

12825/02 Tabor, judgment of 27/06/2006, final on 27/09/2006

15670/02 Biziuk, judgment of 15/01/2008, final on 15/04/2008

64916/01 Bobrowski, judgment of 17/06/2008, final on 01/12/2008

13526/07 Orzechowski Mirosłav, judgment of 13/01/2009, final on 13/04/2009

18176/05 Wieczorek, judgment of 08/12/2009, final on 08/03/2010

76396/01 Zagawa, judgment of 15/01/2008, final on 15/04/2008

14464/03 Zaniewski, judgment of 15/01/2008, final on 15/04/2008

38184/03 Matyjek, judgment of 24/04/2007, final on 24/09/2007

68761/01 Bobek, judgment of 17/07/2007, final on 10/12/2007

34030/07 Jałowiecki, judgment of 17/02/2009, final on 17/05/2009

37469/05 Luboch, judgment of 15/01/2008, final on 15/04/2008

38886/05 Rasmussen, judgment of 28/04/2009, final on 28/07/2009

23119/05 Wrona, judgment of 05/01/2010, final on 05/04/2010

31583/96 Klamecki No. 2, judgment of 03/04/03, final on 03/07/03

43120/05 Andrulewicz, judgment of 03/04/2007, final on 24/09/2007

31038/06 Andrysiak, judgment of 20/05/2008, final on 20/08/2008

13637/03 Bartosiński, judgment of 13/10/2009, final on 13/01/2010

20138/03 Bobel, judgment of 22/01/2008, final on 22/04/2008

26846/05 Ćwiertniak, judgment of 22/07/2008, final on 22/10/2008

20841/02 Drozdowski, judgment of 06/12/2005, final on 06/03/2006

35833/03 Dzitkowski, judgment of 27/11/2007, final on 27/02/2008

55470/00 Ferla, judgment of 20/05/2008, final on 20/08/2008

36161/05 Jakubiak, judgment of 08/01/2008, final on 07/07/2008

20251/04 Janulis, judgment of 04/11/2008, final on 04/02/2009

72976/01 Jasiński, judgment of 06/12/2007, final on 06/03/2008

8363/04 Kliza, judgment of 06/09/2007, final on 06/12/2007

26744/02 Kisilewski, judgment of 07/07/2009, final on 07/10/2009

44521/04 Kołodziński, judgment of 08/01/2008, final on 07/07/2008

12772/06 Kotowski, judgment of 29/09/2009, final on 29/12/2009

10816/02 Kozimor, judgment of 12/04/2007, final on 12/07/2007

12269/02 Kozłowski Eryk, judgment of 04/11/2008, final on 04/02/2009

49128/06 Krawiecki, judgment of 09/06/2009, final on 09/09/2009

51895/99 Kwiek, judgment of 30/05/2006, final on 30/08/2006

21890/03 Lewak, judgment of 06/09/2007, final on 31/03/2008

73988/01 Łuczko, judgment of 03/10/2006, final on 03/01/2007

14450/02 Maksym, judgment of 19/12/2006, final on 19/03/2007

37641/97 Matwiejczuk, judgment of 02/12/03, final on 02/03/04

42083/98 Mianowski, judgment of 16/12/03, final on 16/03/04

43837/06 Misiak, judgment of 03/06/2008, final on 03/09/2008

62323/00 Najdecki, judgment of 06/02/2007, final on 06/05/2007

6390/03 Nowicki, judgment of 27/02/2007, final on 27/05/2007

8260/04 Ochlik, judgment of 29/07/2008, final on 29/10/2008

64284/01 Oleksy, judgment of 28/11/2006, final on 28/02/2007

10381/04 Owsik, judgment of 16/10/2007, final on 16/01/2008

24322/02 Panusz, judgment of 03/06/2008, final on 01/12/2008

42785/06 Pasternak, judgment of 16/07/2009, final on 10/12/2009

39840/05 Pawlak, judgment of 15/01/2008, final on 15/04/2008

92/03 Pisk-Piskowski, judgment of 14/06/2005, final on 14/09/2005

29366/03 Stępniak, judgment of 29/01/2008, final on 29/04/2008

64283/01 Tomczyk Prokopyszyn, judgment of 28/03/2006, final on 28/06/2006

38007/02 Warsiński, judgment of 04/12/2007, final on 04/03/2008

63905/00 Wasilewski, judgment of 06/12/2005, final on 06/03/2006

39519/05 Zborowski No. 3, judgment of 22/04/2008, final on 22/07/2008, rectified on 06/05/2008

45133/06 Zborowski, judgment of 15/01/2008, final on 15/04/2008

- 67 cases of length of proceedings concerning civil rights and obligations before administrative bodies and courts

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

55339/00 Różański, judgment of 18/05/2006, final on 18/08/2006

- 2 cases concerning poor detention condition

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

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

77782/01 Luczak, judgment of 27/11/2007, final on 02/06/2008

- 24 cases against Portugal

11182/03+ Colaço Mestre and SIC - Sociedade Independente de Communicação, S.A., judgment of 26/04/2007, final on 26/07/2007

41665/07 Alves da Silva, judgment of 20/10/2009, final on 20/01/2010

20620/04 Azevedo, judgment of 27/03/2008, final on 27/06/2008

17107/05 Campos Dâmaso, judgment of 24/04/2008, final on 24/07/2008

33729/06 Martins Castro and Alves Correia de Castro, judgment of 10/06/2008, final on 10/09/2008

33661/06 Anticor-Sociedade de Anti-Corrosão, Lda, judgment of 23/02/2010, final on 23/05/2010

46595/06 Pereira, judgment of 16/02/2010, final on 16/05/2010

30533/03 Carvalho Acabado, judgment of 18/10/2005, final on 15/02/2006

10172/04 Campos Costa and others, judgment of 30/10/2007, final on 30/01/2008

24668/05 Companhia Agrícola Cortes e Valbom S.A., judgment of 30/09/2008, final on 30/12/2008

21513/05 Companhia Agrícola da Barrosinha S.A., judgment of 15/01/2008, final on 15/04/2008

21240/02+ Companhia Agrícola de Penha Garcia, S.A. and 16 other cases “Agrarian reform”, judgment of 19/12/2006, final on 19/03/2007

11019/06 Companhia Agrícola do Vale de Água, S.A., judgment of 15/12/2009, final on 15/03/2010

44311/04+ Costa Capucho and 23 other cases “Agrarian reform”, judgment of 15/01/2008, final on 15/04/2008

30844/05 De Avellar Cordeiro Zagallo, judgment of 13/01/2009, final on 13/04/2009 and of 08/06/2010, final on 04/10/2010

25025/05 De Sousa Carvalho Seabra, judgment of 16/12/2008, final on 16/03/2009

41453/02 Herdade da Comporta - Actividades Agro Silvícola e Turísticas, S.A., judgment of 10/07/2007, final on 31/03/2008

31720/05 Kindler de Barahona, judgment of 10/02/2009, final on 10/05/2009

44386/05 Melo e Faro Maldonado Passanha and others, judgment of 24/02/2009, final on 24/05/2009

35254/05 Simões Alves Noronha, judgment of 03/03/2009, final on 03/06/2009

31677/04 Sociedade Agrícola Herdade da Palma S.A., judgment of 10/07/2007, final on 12/11/2007

17199/05+ Sociedade Agrícola da Herdade das Várzeas, Lda and 22 other cases “Agrarian reform”, judgment of 23/09/2008, final on 23/12/2008

30808/05 Vasconcelos Do Couto and 23 other cases “Agrarian reform”, judgment of 03/03/2009, final on 03/06/2009

1408/06 Vilhena Peres Santos Lanca Themudo E Melo and others, judgment of 15/12/2009, final on 15/03/2010

- 81 cases against Romania

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

Interim Resolution ResDH(2005)57

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

64541/01 Bolovan, judgment of 24/11/2009, final on 24/02/2010

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CM/Inf/DH(2007)33

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

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

27444/03 Babei and Clucerescu, judgment of 23/06/2009, final on 23/09/2009

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

37805/05 Costăchescu, judgment of 29/09/2009, final on 29/12/2009

36297/02 Darnai, judgment of 08/12/2009, final on 10/05/2010

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

2456/05+ Ghiţoi and others, judgment of 13/10/2009, final on 13/01/2010

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

67344/01+ Musteaţă and others, judgment of 06/10/2009, final on 06/01/2010

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

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

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

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

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

12235/05+ Pop Iacob and others, judgment of 02/03/2010, final on 02/06/2010

1690/05 Popa Aurelia, judgment of 26/01/2010, final on 26/04/2010

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

35877/05 S.C. Prodcomexim S.R.L., judgment of 27/10/2009, final on 27/01/2010

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

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

35676/07 Teodor and Constantinescu, judgment of 02/03/2010, final on 02/06/2010

CM/Inf/DH(2007)33

- 11 cases concerning failure by domestic authorities to assist in enforcing final judicial decisions placing obligations on private third parties

34647/97 Ruianu, judgment of 17/06/03, final on 17/09/03

40067/06 Butan and Dragomir, judgment of 14/02/2008, final on 14/05/2008

40274/04 Chelu, judgment of 12/01/2010, final on 12/04/2010

6580/03 Ciocan and others, judgment of 09/12/2008, final on 09/03/2009

73706/01 Ion-Cetina and Ion, judgment of 14/02/2008, final on 14/05/2008

10395/02 Kocsis, judgment of 20/12/2007, final on 20/03/2008

67007/01 Neamţiu, judgment of 14/02/2008, final on 14/05/2008

25111/02 Negulescu Elena, judgment of 01/07/2008, final on 01/12/2008

24724/03 Oprea Constantin, judgment of 08/11/2007, final on 08/02/2008

22626/02 Schrepler, judgment of 15/03/2007, final on 15/06/2007

40162/02 Vasile, judgment of 29/04/2008, final on 29/07/2008

CM/Inf/DH(2007)33

*30390/02 Stancu, judgment of 29/04/2008, final on 29/07/2008

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

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

- 11 cases mainly concerning poor detention conditions

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

12535/04 Artimenco, judgment of 30/06/2009, final on 30/09/2009

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

75109/01+ Burzo, judgment of 30/06/2009, final on 30/09/2009

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

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

3036/04 Radu Eugen Gabriel, judgment of 13/10/2009, final on 13/01/2010

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

28304/02 Schwartz Aharon, judgment of 12/01/2010, final on 12/04/2010

12934/02 Stoicescu Marian, judgment of 16/07/2009, final on 16/10/2009

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

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

20294/02 Drăculet, judgment of 06/12/2007, final on 31/03/2008 and of 05/02/2009, final on 05/05/2009

- 2 cases concerning the failure to enforce court decisions granting visiting rights

37284/02 Lafargue, judgment of 13/07/2006, final on 13/10/2006

31703/05 Costreie, judgment of 13/10/2009, final on 1/03/2010

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

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

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

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

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

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

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

- 33 cases against the Russian Federation

- 11 cases concerning freedom of expression

72683/01 Chemodurov, judgment of 31/07/2007, final on 31/10/2007

25968/02 Dyuldin and Kislov, judgment of 31/07/2007, final on 31/10/2007

37406/03 Dyundin, judgment of 14/10/2008, final on 14/01/2009

73219/01 Filatenko, judgment of 06/12/2007, final on 06/03/2008

14888/03 Godlevskiy, judgment of 23/10/2008, final on 06/04/2009

29372/02 Karman, judgment of 14/12/2006, final on 14/03/2007

12365/03 Krasulya, judgment of 22/02/2007, final on 22/05/2007

15469/04 Krutov Aleksandr, judgment of 03/12/2009, final on 03/03/2010

34736/03 Obukhova, judgment of 08/01/2009, final on 08/04/2009

8237/03 Porubova, judgment of 08/10/2009, final on 08/01/2010

11751/03 Romanenko and others, judgment of 08/10/2009, final on 08/01/2010

44009/05 Shtukaturov, judgment of 27/03/2008, final on 27/06/2008 and of 04/03/2010, final on 04/06/2010

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

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

- 2 cases concerning conditions of confinement in a court house

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

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

42086/05 Liu and Liu, judgment of 06/12/2007, final on 02/06/2008

    - 2 cases concerning actions of the security forces in Ingushetia

25385/04 Medova, judgment of 15/01/2009, final on 05/06/2009

35052/04 Zabiyeva and others, judgment of 17/09/2009, final on 01/03/2010

26853/04 Popov, judgment of 13/07/2006, final on 11/12/2006

- 8 cases concerning extradition

38411/02 Garabayev, judgment of 07/06/2007, final on 30/01/2008

42443/02 Eminbeyli, judgment of 26/02/2009, final on 26/05/2009

2947/06 Ismoilov and others, judgment of 24/04/2008, final on 01/12/2008

13476/04 Khudyakova, judgment of 08/01/2009, final on 08/04/2009

42502/06 Muminov, judgment of 11/12/2008, final on 04/05/2009 and of 04/11/2010, possibly final on 04/02/2011

656/06 Nasrulloyev, judgment of 11/10/2007, final on 11/01/2008

8320/04 Ryabikin, judgment of 19/06/2008, final on 19/09/2008

16074/07 Shchebet, judgment of 12/06/2008, final on 12/09/2008

49790/99 Trubnikov, judgment of 05/07/2005, final on 30/11/2005

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

13470/02 Khuzhin and others, judgment of 23/10/2008, final on 23/01/2009

28245/04 Mokhov, judgment of 04/03/2010, final on 04/06/2010

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

23243/03 Sokur, judgment of 15/10/2009, final on 15/01/2010

35989/02 Novikov, judgment of 18/06/2009, final on 06/11/2009

- 2 cases against the Slovak Republic

72094/01 Kvasnica, judgment of 09/06/2009, final on 09/09/2009

67149/01 Berková, judgment of24/03/2009, final on 24/06/2009

- 4 cases against Spain

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

16012/06 Gurguchiani, judgment of 15/12/2009, final on 15/03/2010

49151/07 Muñoz Díaz, judgment of 08/12/2009, final on 08/03/2010

37496/04 Iguall Coll, judgment of 10/03/2009, final on 10/06/2009

- 18 cases against Turkey

      - 6 cases mainly concerning freedom of expression - military conviction for incitement to abstain from compulsory military service

47533/99 Ergin No. 6, judgment of 04/05/2006, final on 04/08/2006

37033/03 Doğan Ahmet, judgment of 10/03/2009, final on 06/07/2009

4211/02 Erükcü, judgment of 13/11/2008, final on 13/02/2009

56827/00 Düzgören, judgment of 09/11/2006, final on 09/02/2007

65344/01 Onaran, judgment of 05/06/2007, final on 05/09/2007

70335/01 Yurdatapan, judgment of 08/01/2008, final on 08/04/2008

46827/99 Mamatkulov and Askarov, judgment of 04/02/2005 - Grand Chamber

16348/05 Mostafa and others, judgment of 15/01/2008, final on 15/04/2008, rectified on 10/06/2009

      - 7 cases mainly concerning the failure to communicate the Public Prosecutor's opinion before the Council of State

33446/02 Meral, judgment of 27/11/2007, final on 02/06/2008

19728/02 Akgül, judgment of 17/7/2008, final on 17/10/2008

9907/02 Araç, judgment of 23/09/2008, final on 23/12/2008

2841/05+ Ekmekçi and others, judgment of 26/05/2009, final on 26/08/2009
38012/03 Hasırcı, judgment of 24/03/2009, final on 06/07/2009
41296/04 Karaduman and Tandoğan, judgment of 03/06/2008, final on 17/09/2008

37829/05 Yılmaz Melek Sima, judgment of 30/09/2008, final on 06/04/2009

33663/02 Mörel, judgment of 14/06/2007, final on 14/09/2007

39515/03 Okçu, judgment of 21/07/2009, final on 21/10/2009, rectified on 24/08/2009

35570/02 Özbek and others, judgment of 06/10/2009, final on 06/01/2010

- 3 cases against Ukraine

- 3 cases mainly concerning lack of independence and/or impartiality of the judiciary

*65518/01 Salov, judgment of 06/09/2005, final on 06/12/2005

*33949/02 Belukha, judgment of 09/11/06, final on 09/03/07

48553/99 Sovtransavto Holding, judgment of 25/07/02, final on 06/11/02 and judgment of 02/10/03, final on 24/03/04 (Article 41), Interim Resolution ResDH(2004)14

- 6 cases against the United Kingdom

- 6 cases concerning the action of the security forces in the United Kingdom

28883/95 McKerr, judgment of 04/05/01, final on 04/08/01

37715/97 Shanaghan, judgment of 04/05/01, final on 04/08/01

24746/94 Hugh Jordan, judgment of 04/05/01, final on 04/08/01

30054/96 Kelly and others, judgment of 04/05/01, final on 04/08/01

43290/98 McShane, judgment of 28/05/02, final on 28/08/02

29178/95 Finucane, judgment of 01/07/03, final on 01/10/03

Interim Resolutions ResDH(2005)20, CM/ResDH(2007)73 and CM/ResDH(2009)44

CM/Inf/DH(2006)4rev2, CM/Inf/DH(2006)4addrev3 and CM/Inf/DH(2008)2rev

2. agreed to postpone to their 1115th meeting (June 2011) (DH) the following items placed on the draft annotated Agendas of their 1100th meeting (DH):

- 2 cases against Spain

- 2 cases concerning the right of access to a court

423/03 Díaz Ochoa, judgment of 22/06/2006, final on 22/09/2006

41745/02 Lacárcel Menéndez, judgment of 15/06/2006, final on 11/12/2006

3. decided to add the following item:

13.1 Draft Resolution of the United Nations General Assembly on co-operation between the United Nations and the Council of Europe

* * *

1100th DH meeting – 2 December 2010

Item d.

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

Draft annual report 2010

DH-DD(2010)592E

Decisions

The Deputies,

1. took note of the proposals appearing in DH-DD(2010)592E and in particular of the appended road-map containing the deadlines which need to be observed in order for the final draft to be available for the 1108th meeting;

2. decided to examine the final draft annual report at their 1108th meeting (March 2011) (DH) with a view to its adoption and subsequent publication in accordance with modalities yet to be agreed.

* * *

1100th DH meeting – 2 December 2010

Item e.

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

DH-DD(2010)603

Decisions

The Deputies,

1. recalling the decision adopted by the Committee of Ministers at its 120th Session approving the Interlaken Declaration and Action Plan, and instructing the Deputies to intensify their efforts to increase the efficiency and the transparency of the supervision of execution and to complete this work by December 2010;

2. approved the proposals contained in document CM/Inf/DH(2010)45 as amended in the paragraphs appended, and recalled document CM/Inf/DH(2010)37;

3. decided to implement the new, twin-track supervision system with effect from 1 January 2011 taking into account the transitional provisions set out below;

4. decided that, as from that date, all cases will be placed on the agenda of each DH meeting of the Deputies until the supervision of their execution is closed, unless the Committee were to decide otherwise in the light of the development of the execution process;

5. decided that action plans and action reports, together with relevant information provided by applicants, non-governmental organisations and national human rights institutions under rules 9 and 15 of the Rules for the supervision of execution judgments and of the terms of friendly settlements will be promptly made public (taking into account Rule 9§ 3 of the Rules of supervision) and put on line except where a motivated request for confidentiality is made at the time of submitting the information;

6. decided that all new cases transmitted for supervision after 1 January 2011 will be examined under the new system;

7. decided that all cases pending before the Committee of Ministers for supervision of execution on 1st January 2011 will be subject to transitional arrangements and instructed the Execution Department to provide, to the extent possible in time for their DH meeting in March 2011 and in any event, at the latest for their DH meeting of September 2011, proposals for their classification following bilateral consultations with the states concerned;

8. decided that any cases not yet included in one or other of the supervision tracks1 will be placed on a specific list and until their classification, will be dealt with under the standard procedure;

9. decided that the practical modalities of supervision of the execution of European Court’s judgments and decisions under the twin-track approach would be evaluated specifically at the DH December meeting in 2011;

10. decided to declassify document CM/Inf/DH(2010)45, as amended.

APPENDIX

Proposed amendments to document CM/Inf/DH(2010)45

9. As several delegations have rightly pointed out, serious violations are a priori covered by the indicators already suggested, particularly those concerning cases “requiring urgent individual measures” or “raising complex problems”. It has also been emphasised that the fact that any case may be examined under the enhanced procedure by decision of the Committee of Ministers at the initiative of a member state or the Secretariat2 represents in itself a sufficient guarantee to cover cases of “serious violations” in the light of the circumstances of the case and the Court’s considerations in the judgment at issue. It thus seems unnecessary to introduce such an additional indicator.

10. It is therefore proposed that the indicators for cases to be examined under the enhanced supervision procedure be as follows:

- judgments requiring urgent individual measures;

- pilot judgments;

- judgments disclosing major structural and/or complex problems as identified by the Court and/or the Committee of Ministers;

- interstate cases.

It should also be explicitly indicated in the context of those indicators that in addition, the Committee of Ministers may decide to examine any case under the enhanced procedure following an initiative of a member state or the Secretariat. The request may be made at any stage of the supervision procedure. Both member states and the Secretariat should be mindful of the selected indicators when requesting a case be examined under the enhanced procedure.3

* * *

* *

II. Clarifications regarding the role of the Committee of Ministers under the standard supervision procedure

12. Some delegations wondered about the extent of the Committee of Ministers’ role in the standard supervision procedure in the light of the wording of paragraphs 7 of document CM/Inf/DH(2010)28rev4 and 7 and 12 of document CM/Inf/DH(2010)37.5

12 bis. It is recalled from the outset that the whole new system, including the standard supervision procedure, is based on the fundamental principle that it is for respondent states to ensure the effective execution of the Court’s judgments and decisions6, i.e., the principle of subsidiarity of their execution.

* * *

* *

18. Chairman’s proposal (DD(2010)607)7

i) Option 1: initial proposal made in paragraphs 27 and 28 of the document discussed in September slightly amended, namely:

    27. If a member state still does not present an action plan or report within three months after the Secretariat’s reminder, and does not provide any explanation for this state of affairs to the Committee of Ministers, the Secretariat will propose that the case be examined under the enhanced procedure.

    28. Consequently, it will be proposed to the Committee that a decision is adopted at the first “Human Rights” meeting following the expiry of the three months period inviting the member state concerned to provide an action plan/report without any further delay:

Sample decision (no action plan or report has been presented)

In the case of A v. [member state]:

The Deputies,

1. noted with regret that no action plan or report has been presented in this case nor valid explanation for such situation despite the reminder sent to the authorities on [specify the date]

2. invited the authorities of the respondent State to present an action plan or report without any further delay and decided to transfer this case for its examination under the enhanced procedure

* * *

* *

New paragraph to clarify the status of technical cooperation as presented in CM/Inf/DH(2010)37 (see DD(2010)606E), paras refer to CM/Inf/DH(2010)37)

C. Practical modalities of the enhanced procedure


20. The supervision under this procedure does not mean that each and every case needs to be systematically debated in order for the CM to be able to follow the execution process. Under the enhanced procedure without debate, the Committee of Ministers could thus also exercise its supervision through decisions adopted without debate at the “Human Rights” meetings. These decisions would aim at demonstrating, whenever necessary, the developments in the execution process (for example, stocktaking of the measures already adopted and identification of the outstanding issues). An example of such a decision which could be adopted without debate is as follows:

* * *

21. In parallel, in the context of the enhanced supervision procedure, the Secretariat will make all efforts to respond positively to requests from respondent States for a targeted cooperation, notably in the form of:

    - assistance in the preparation and/or implementation of action plans;
    - expertise assistance as regards the type of measures envisaged;
    - bilateral/multilateral cooperation programmes (e.g. seminars, round-tables) in case of complex and substantive issues.

It is underlined that such cooperation activities which aim at facilitating the execution process are the sole competence of the respondent State with the support of the Secretariat. They are not part of the Committee of Ministers’ responsibilities in the context of its supervision of the execution of the Court’s judgments under Article 46, paragraph 2 of the Convention.

* * *

* *

31. As regards these cases, bilateral discussions have already started with a view to identifying the most appropriate form of supervision. [NOTE remaining paragraph unchanged]

1100thmeeting – 2 December 2010

Section 1

Decision

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

SUB-SECTION 1.1 – LEADING CASES

- 4 cases against Austria

40016/98 Karner, judgment of 24/07/03, final on 24/10/03

32899/96 Buchberger, judgment of 20/12/01, final on 20/03/02

60553/00 Malek, judgment of 12/06/03, final on 12/09/03

513/05 Schmidt, judgment of 17/07/2008, final on 17/10/2008

- 1 case against Belgium

47650/99 Silvester’s Horeca Service, judgment of 04/03/2004, final on 04/06/2004

- 5 cases against Estonia

11423/03 Pello, judgment of 12/04/2007, final on 10/12/2007

12157/05 Liivik, judgment of 25/06/2009, final on 25/09/2009

2192/03 Harkmann, judgment of 11/07/2006, final on 11/10/2006

38241/04 Bergmann, judgment of 29/05/2008, final on 29/08/2008

14659/04+ Dorozhko and Pozharskiy, judgment of 24/04/2008, final on 24/07/2008

- 3 cases against France

52206/99 Mokrani, judgment of 15/07/03, final on 15/10/03

50278/99 Aoulmi, judgment of 17/01/2006, final on 17/04/2006

59450/00 Ramirez Sanchez, judgment of 04/07/2006 - Grand Chamber

- 2 cases against Georgia

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

12979/04 Gorelishvili, judgment of 05/06/2007, final on 05/09/2007

- 11 cases against Greece

38460/97 Platakou, judgment of 11/01/01, final on 06/09/01

48679/99 AEPI S.A., judgment of 11/04/02, final on 11/07/02

39295/02 Mouzoukis, judgment of 13/04/2006, final on 13/07/2006

16945/02 Agatianos, judgment of 04/08/2005, final on 04/11/2005

21845/03 Gorou No. 3, judgment of 22/06/2006, final on 23/10/2006

67629/01 Assymomitis, judgment of 14/10/2004, final on 14/01/2005

66294/01 Boulougouras, judgment of 27/05/2004, final on 27/08/2004

47760/99 Koskinas, judgment of 20/06/02, final on 20/09/02

66810/01 Kliafas and others, judgment of 08/07/2004, final on 08/10/2004

33554/03 Lykourezos, judgment of 15/06/2006, final on 15/09/2006

- 3 cases against Italy

33932/06 Todorova, judgment of 13/01/2009, final on 13/04/2009

26740/02 Grande Oriente d’Italia di Palazzo Giustiniani No. 2, judgment of 31/05/2007, final on 31/08/2007

35972/97 Grande Oriente d'Italia di Palazzo Giustiniani, judgment of 02/08/01, final on 12/12/01, Interim Resolution ResDH(2004)71

- 4 cases against Lithuania

36919/02 Armonienė, judgment of 25/11/2008, final on 25/02/2009

23373/03 Biriuk, judgment of 25/11/2008, final on 25/02/2009

10425/03 Gulijev, judgment of 16/12/2008, final on 16/03/2009

37259/04 Švenčionienė, judgment of 25/11/2008, final on 25/02/2009

- 2 cases against the Netherlands

2345/02 Said, judgment of 05/07/2005, final on 05/10/2005

52391/99 Ramsahai and others, judgment of 15//05/2007 - Grand Chamber

- 1 case against Portugal

6830/05 Pijevschi, judgment of 13/11/2008, final on 13/02/2009

- 3 cases against Romania

38565/97 Cotleţ, judgment of 03/06/03, final on 03/09/03

57808/00 Albina, judgment of 28/04/2005, final on 28/07/2005

58472/00 Dima, judgment of 16/11/2006, final on 26/03/2007

- 1 case against Spain

1483/02 Panella Puig, judgment of 25/04/2006, final on 25/07/2006

- 4 cases against Turkey

71907/01 Kavakçı, judgment of 05/04/2007, final on 05/07/2007

8691/02 Sılay, judgment of 05/04/2007, final on 05/07/2007

15394/02 Ilıcak, judgment of 05/04/2007, final on 24/09/2007, rectified on 14/12/2007

26733/02 Sobacı, judgment of 29/11/2007, final on 29/02/2008

- 1 case against Ukraine

61406/00 Gurepka, judgment of 06/09/2005, final on 06/12/2005

- 2 cases against the United Kingdom

28212/95 Benjamin and Wilson, judgment of 26/09/02, final on 26/12/02

36536/02 B. and L., judgment of 13/09/2005, final on 13/12/2005

SUB-SECTION 1.2 – CASES CONCERNING PROBLEMS ALREADY SOLVED

- 3 cases against Bulgaria

53820/00 Boneva, judgment of 16/11/2006, final on 16/02/2007

68079/01 Nikolov Nikola, judgment of 14/06/2007, final on 14/09/2007

31036/02 Todev, judgment of 22/05/2008, final on 22/08/2008, rectified on 8/09/2008

- 1 case against Estonia

31407/07 Malkov, judgment of 04/02/2010, final on 04/05/2010

- 10 cases against France

67114/01 Coorbanally, judgment of 01/04/2004, final on 01/07/2004

68864/01 Merger and Cros, judgment of 22/12/2004, final on 22/03/2005

61517/00 F.W., judgment of 31/03/2005, final on 06/07/2005

76450/01 Hostein, judgment of 18/07/2006, final on 11/12/2006

62034/00 Vigroux, judgment of 19/05/2005, final on 19/08/2005

77098/01 Desrues, judgment of 21/07/2005, final on 21/10/2005

50609/99 Latry, judgment of 23/02/2006, final on 23/05/2006

70387/01 Syndicat national des professionnels des procédures collectives, judgment of 20/06/2006, final on 20/09/2006, rectified on 29/08/2006

28625/02 Araguas, judgment of 09/01/2007, final on 09/04/2007

23776/07 Kalfon, judgment of 29/10/2009, final on 1/03/2010

- 11 cases against Greece

43837/02 Castren-Niniou, judgment of 09/06/2005, final on 09/09/2005

32259/02 Iera Moni Profitou Iliou Thiras, judgment of 22/12/2005, final on 22/03/2006

2507/02 Kurti, judgment of 29/09/2005, final on 29/12/2005

73717/01 Alija, judgment of 07/04/2005, final on 07/07/2005

75483/01 Dimitrellos, judgment of 07/04/2005, final on 07/07/2005

21091/04 Papa, judgment of 06/07/2006, final on 06/10/2006

9747/04 Gorou No. 4, judgment of 11/01/2007, final on 23/05/2007

52464/99 Papadopoulos Georgios, judgment of 06/02/03, final on 21/05/03

14189/05 Karanakis, judgment of 03/05/2007, final on 03/08/2007

7629/05 Roïdakis, judgment of 21/06/2007, final on 21/09/2007

75898/01 Ioannidou-Mouzaka, judgment of 29/09/2005, final on 29/12/2005

- 10 cases against Italy

32550/03 Gennari, judgment of 08/12/2009, final on 08/03/2010

8073/05 Perinati, judgment of 06/10/2009, final on 06/01/2010

15581/05 Pierotti, judgment of 20/01/2009, final on 20/04/2009

26570/04 Della Vecchia, judgment of 03/07/2007, final on 03/10/2007

35771/03 Esposito, judgment of 27/11/2007, final on 07/07/2008

6683/03 Falzarano and Balletta, judgment of 12/06/2007, final on 12/09/2007

17712/03 Melegari, judgment of 13/11/2007, final on 02/06/2008

22697/04 Morselli, judgment of 17/07/2007, final on 17/10/2007

*15625/04 Bagarella, judgment of 15/01/2008, final on 07/07/2008

24950/06 Montani, judgment of 19/01/2010, final on 19/04/2010

- 1 case against Malta

16631/04 Zarb, judgment of 04/07/2006, final on 04/10/2006

- 2 cases against Moldova

74154/01 Braga, judgment of 14/11/2006, final on 14/02/2007

30303/03 Nistas Gmbh, judgment of 12/12/2006, final on 12/03/2007

- 10 cases against Romania

46639/99 Ban, judgment of 07/12/2006, final on 07/03/2007

32925/96 Cretu, judgment of 09/07/02, final on 09/10/02

40892/04 Ţuluş and others, judgment of 26/01/2010, final on 26/04/2010

34992/97 Basacopol, judgment of 09/07/02, final on 09/10/02

35831/97 Bălănescu, judgment of 09/07/02, final on 09/10/02

37425/03 Olteanu Anişoara and Mihai, judgment of 13/10/2009, final on 1/03/2010

20366/04 Sfrijan, judgment of 22/11/2007, final on 22/02/2008

4828/04 Tripon No. 2, judgment of 23/09/2008, final on 23/12/2008

5181/04 Vişan, judgment of 23/06/2009, final on 23/09/2009

33358/96 Oprea and others, judgment of 16/07/02, final on 16/10/02

- 10 cases against Turkey

41316/98 Atça and others, judgment of 06/02/03, final on 06/05/03

60847/00 Saçık, judgment of 9/10/2003, final on 09/01/2004

25142/94+ Sadak Selim, judgment of 08/04/04

17534/03 Ceyran, judgment of 13/10/2009, final on 13/01/2010

30944/04 Kara Güli, judgment of 15/09/2009, final on 15/12/2009

15360/05 Coşkun Hasan, judgment of 06/10/2009, final on 06/01/2010

44307/04 Güçlü Hakan, judgment of 12/01/2010, final on 12/04/2010

42900/04 Yener and Albayrak, judgment of 26/01/2010, final on 26/04/2010

47297/99 Bülbül, judgment of 22/05/2007, final on 22/08/2007

68514/01 Yılmaz and Kılıç, judgment of 17/07/2008, final on 17/10/2008

SUB-SECTIONS 1.1 + 1.2

- 13 cases against Italy

23924/94 C.A.R. srl, Interim Resolution DH(98)154

31227/96 Ambruosi, judgment of 19/10/00, final on 19/01/01

55634/00 Cianetti, judgment of 22/04/2004, final on 10/11/2004

25639/94 F.L., judgment of 20/12/01, final on 20/03/02

35227/97 Frascino, judgment of 11/12/03, final on 11/03/04

43269/98 Leoni, judgment of 26/10/00, final on 04/04/01

51739/99 Nordica Leasing S.p.a., judgment of 14/10/2004, final on 14/01/2005

42191/02 R.R., judgment of 09/06/2005, final on 12/04/2006

30961/03 Sannino, judgment of 27/04/2006, final on 13/09/2006

36681/97 Santoro, judgment of 01/07/2004, final on 01/10/2004

56271/00 Sardinas Albo, judgment of 17/02/2005, final on 17/05/2005

26426/95 S.B.F. S.p.a., Interim Resolution DH(97)599

67972/01 Somogyi, judgment of 18/05/2004, final on 10/11/2004

- 26 cases against the United Kingdom

34155/96 G.W., judgment of 15/06/2004, final on 15/09/2004

68890/01 Blake, judgment of 26/09/2006, final on 26/12/2006

42317/98 Hooper, judgment of 16/11/2004, final on 16/02/2005

49771/99 Stephen Jordan No. 2, judgment of 10/12/02, final on 10/03/03

53741/00 Crowther, judgment of 01/02/2005, final on 06/07/2005

45825/99+ Miller, Morrisson and Gillespie, judgment of 26/10/2004, final on 26/01/2005

48015/99 Easterbrook, judgment of 12/06/03, final on 12/09/03

36533/97 Atlan A. and T., judgment of 19/06/01, final on 19/09/01

28901/95 Rowe and Davis, judgment of 16/02/00 - Grand Chamber

35718/97 Condron, judgment of 02/05/00, final on 02/08/00

33274/96 Foxley, judgment of 20/06/00, final on 20/09/00

39360/98 S.B.C., judgment of 19/06/01, final on 19/09/01

44652/98 Beckles, judgment of 08/10/02, final on 08/01/03

38784/97 Morris, judgment of 26/02/02, final on 26/05/02

37555/97 O'Hara, judgment of 16/10/01, final on 16/01/02

53236/99 Waite, judgment of 10/12/02, final on 10/03/03

56547/00 P., C., and S., judgment of 16/07/02, final on 16/10/02

57836/00 Mellors, judgment of 17/07/03, final on 17/10/03

35605/97 Kingsley, judgment of 28/05/02 - Grand Chamber

40029/02 Wingrave, judgment of 29/11/2005 - Friendly settlement

50272/99 Hutchison Reid, judgment of 20/02/03, final on 20/05/03

30308/96 Faulkner Ian, judgment of 30/11/99 - Friendly settlement

60148/00 Singh and others, judgment of 08/06/2006 - Friendly settlement

39482/98 Dowsett, judgment of 24/06/03, final on 24/09/03

74976/01 Eastaway, judgment of 20/07/2004, final on 20/10/2004

42341/04 Bhandari, judgment of 02/10/2007, final on 31/03/2008

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

- 2 cases against France

12268/03 Hachette Filipacchi (“Ici Paris”), judgment of 23/07/2009, final on 23/10/2009

17070/05 Farhi, judgment of 16/01/2007, final on 23/05/2007

- 2 cases against Greece

28340/02 Examiliotis No. 2, judgment of 04/05/2006, final on 23/10/2006

10162/02 Eko-Elda Avee, judgment of 09/03/2006; final on 09/06/2006

- 1 case against Ukraine

15123/03 Volovik, judgment of 06/12/2007, final on 31/03/2008, rectified on 03/03/2008

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

- 1 case against Romania

49781/99 Florică, judgment of 25/01/2005 - Friendly settlement

- 1 case against Sweden

53507/99 Swedish transport workers union, judgment of 18/07/2006, final on 18/10/2006 - Striking-out

* * *

1100th DH meeting – 2 December 2010

Section 4.3

- 4 cases against Turkey

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

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

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

25060/02+ Erdal Aslan, judgment of 02/12/2008, final on 02/03/2009

Decisions

The Deputies,

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

2. noted 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;

3. reiterated their call to the Turkish authorities to bring the legislative process to a conclusion without further delay;

4. decided to resume consideration of these items at their 1108th meeting (March 2011) (DH), in the light of information to be provided.

* * *

1100th DH meeting – 3 December 2010

Section 4.3

- 1 case against Turkey

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

Decisions

The Deputies,

1. noted that the Turkish authorities stated that the execution of this judgment raised certain difficulties since it required legislative amendments concerning military service;

2. noted further that the Turkish authorities are in the process of preparing legislative amendments aiming at remedying the applicant’s situation;

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

4. invited the Turkish authorities to clarify whether the applicant is still being searched for by the authorities to serve his previous sentences;

5. decided to resume consideration of this item at their 1108th meeting (March 2011) (DH), in the light of information to be provided by the authorities on the development of the legislative process.

1100th DH meeting – 2 December 2010

Section 2.1

- 1 case against the United Kingdom

*61498/08 Al-Saadoon and Mufdhi, judgment of 02/03/2010, final on 04/10/2010

Decisions

The Deputies,

1. recalled the Council of Europe’s unequivocal condemnation of the death penalty and the conclusion of the European Court that the number of states who have ratified Protocol 13 “together with the consistent State practice in observing the moratorium on capital punishment are strongly indicative that Article 2 has been amended so as to prohibit the death penalty in all circumstances8” and against this background “the Court does not consider that the wording of the second sentence of Article 2§1 continues to act as a bar to its interpreting the words “inhuman or degrading treatment or punishment” in Article 3 as including the death penalty9”;

2. 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;

3. noted with concern from the information provided by the United Kingdom authorities, that the applicants, who are charged with murder, are currently detained by the Iraqi High Tribunal and face the risk of the death penalty;

4. recalled in this respect that from the date that the European Court’s judgment became final until now, the United Kingdom authorities took all possible steps to seek assurances from the Iraqi High Tribunal and the President and Prime Minister of Iraq that the death penalty would not be imposed on the applicants and that the United Kingdom authorities are in continued contact with the Iraqi authorities and representatives from the Iraqi High Tribunal;

5. expressed deep concern, however, that the applicants are faced with the risk of the death penalty and that the Iraqi authorities have so far not given any assurances to the United Kingdom authorities that the death penalty will not be applied;

6. called upon the United Kingdom authorities to take all further possible steps to obtain assurances from the Iraqi authorities that the applicants will not be subjected to the death penalty;

7. invited the United Kingdom authorities to keep the Committee 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;

8. declared the Committee’s resolve to ensure, with all means available to the Organisation, the compliance by the United Kingdom with its obligations under this judgment;

9. decided to resume consideration of this item at their 1108th meeting (March 2011) (DH) in the light of further information to be provided by the United Kingdom.

1100th DH meeting – 2 December 2010

Section 2.1

- 1 case against Azerbaijan

*40984/07 Fatullayev judgment of 22/04/2010, final on 4/10/2010

Decisions

The Deputies,

1. recalling that under Article 46 of the Convention, the respondent state is required under the supervision of the Committee of Ministers to choose the general measures and/or, if appropriate, individual measures to be adopted within its domestic legal order to put an end to violations found by the Court and as far as possible to erase their consequences;

2. recalled in this context that the Court considered that amongst the means available to the state to fulfil its obligation under Article 46 it should ensure the immediate release of the applicant;

3. noted with satisfaction that the convictions criticised by the European Court were annulled by the Supreme Court on 11 November 2010, thus making it possible in principle for the applicant to be released;

4. noted nonetheless with concern that the applicant is still in custody and that there are a number of questions concerning the erasure of the consequences of his unjustified detention since his arrest on 20 April 2007;

5. called on the competent Azerbaijani authorities to examine rapidly the questions which were raised during the meeting, and in particular to explore all possible means of ending the applicant's detention including, if necessary by alternative, non-custodial measures;

6. invited the Azerbaijani authorities, in close collaboration with the Secretariat, to provide the said information needed to allow an in-depth examination of the case at the latest at their 1108th meeting (March 2011) (DH).

* * *

1100th DH meeting – 2 December 2010

Section 2.1

- 1 case against the Russian Federation

52812/07 Kamaliyevy, judgment of 03/06/2010, final on 03/09/2010

Decisions

The Deputies:

1. recalled that in the present judgment the European Court found a violation of Article 34 of the Convention, on account of the failure to comply with the interim measure indicated by the European Court to the Russian authorities not to deport the first applicant to Uzbekistan;

2. stressed the fundamental importance of complying with interim measures indicated by the European Court under Rule 39 of Rules of Court;

3. took note with interest of the information provided by the Russian authorities during the meeting on the measures taken to ensure compliance with interim measures indicated by the European Court, in particular as regards the wide dissemination of the judgment and other practical arrangements made, such as designating officials whose working hours coincide with the working hours of the Court, and setting up a special procedure for immediate notification of relevant authorities;

4. decided to resume consideration of this item at the 1108th meeting (March 2011) (DH), in the light of the assessment of the information provided by the Russian authorities as well as of further information, if any, to be provided by the Russian authorities.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 1 case against Albania

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

Decisions

The Deputies:

1. deeply regretted the inactivity of the authorities with regard to executing the present judgment, which has already been final for two years, and underlined the fact that the applicant continues to suffer from the consequences of the quashing of his final acquittal;

2. noted in this respect that the authorities have expressed their willingness to amend the Code of Criminal Procedure within six months to allow the reopening of criminal proceedings; also noted that the applicant has lodged a new application with the Constitutional Court, which is currently pending;

3. underlined in this context 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;

4. therefore urged the respondent state to act without delay, and to provide the Committee with information on the results obtained, for consideration at its next DH meeting;

5. also encouraged the authorities to provide information on general measures taken or envisaged to prevent similar violations;

6. decided to resume consideration of this item at their 1108th meeting (March 2011) (DH) in the light of information to be provided on urgent individual measures and on the general measures.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 6 cases against Albania

      - 6 cases of non-enforcement of final domestic decisions concerning the right of the applicants to restitution or compensation in respect of property nationalised under the Communist regime

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 29/12/200910

CM/Inf/DH(2010)20

Decisions

The Deputies,

1. recalled 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. noted with interest the preliminary action plan and action report presented by the Albanian authorities, containing proposals made by the inter-ministerial committee which has the specific task of identifying a comprehensive strategy to address these questions;

3. stressed however the crucial importance of urgently addressing the situation criticised by the rulings of the European Court, generating many similar violations; and therefore encouraged the authorities to adopt without further delay a comprehensive action plan, based on a comprehensive and coherent strategy accompanied by a detailed calendar for its implementation;

4. decided to resume consideration of these items at their 1108th meeting (March 2011) (DH), in the light of a comprehensive action plan / action report to be provided by the Albanian authorities on the general measures.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 84 cases against Bulgaria

- 47 cases of length of criminal proceedings and of lack of an effective remedy

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

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

45950/99 Djangozov, judgment of 08/07/2004, final on 08/10/2004

56793/00 Babichkin, judgment of 10/08/2006, final on 10/11/2006

28583/03 Bratovanov, judgment of 23/04/2009, final on 23/07/2009

27918/02 Demirevi, judgment of 28/05/2009, final on 28/08/2009

47829/99 Dimitrov, judgment of 23/09/2004, final on 23/12/2004

15154/02 Givezov, judgment of 22/05/2008, final on 22/08/2008, rectified on 30/09/2009

62722/00 Gospodinov, judgment of 10/05/2007, final on 10/08/2007

58497/00 Hadjibakalov, judgment of 08/06/2006, final on 08/09/2006

7254/02 Ilievi, judgment of 28/05/2009, final on 28/08/2009

19207/04 Ivanov Petko, judgment of 26/03/2009, final on 26/06/2009

14226/04 Ivanovi, judgment of 07/01/2010, final on 07/04/2010

9143/02 Jeliazkov and others, judgment of 03/04/2008, final on 03/07/2008

55350/00 Kambourov, judgment of 14/02/2008, final on 14/05/2008

60939/00 Karcheva and Shtarbova, judgment of 28/09/2006, final on 28/12/2006

74487/01 Kavalovi, judgment of 17/01/2008, final on 17/04/2008

44626/98 Kiurkchian, judgment of 24/03/2005, final on 24/06/2005

76763/01 Kostova, judgment of 03/05/2007, final on 03/08/2007

9161/02 Kouncheva, judgment of 03/07/2008, final on 03/10/2008

57641/00 Kovacheva and Hadjiilieva, judgment of 29/03/2007, final on 29/06/2007

29802/02 Krastev, judgment of 24/07/2008, final on 01/12/2008

66535/01 Kroushev, judgment of 03/07/2008, final on 03/10/2008

77147/01 Kuiyumdjiyan, judgment of 24/05/2007, final on 24/08/2007

20568/02 Marinova and Radeva, judgment of 02/07/2009, final on 02/10/2009

50954/99 Maslenkovi, judgment of 08/11/2007, final on 02/06/2008

69316/01 Merdzhanov, judgment of 22/05/2008, final on 22/08/2008

15099/04 Nachev, judgment of 05/11/2009, final on 05/02/2010

72855/01 Parashkevanova, judgment of 03/05/2007, final on 03/08/2007

39855/03 Pavlova, judgment of 14/01/2010, final on 14/04/2010

47877/99 Rachevi, judgment of 23/09/2004, final on 23/12/2004

7148/04 Ruga, judgment of 02/07/2009, final on 06/11/2009

16880/02 Sheremetov, judgment of 22/05/2008, final on 22/08/2008

59523/00 Simizov, judgment of 18/10/2007, final on 18/01/2008

58828/00 Stefanova, judgment of 11/01/2007, final on 11/04/2007

19256/03 Stefanova Donka, judgment of 01/10/2009, final on 01/01/2010

39832/98 Todorov Nikolai Petkov, judgment of 18/01/2005, final on 18/04/2005

2380/03 Tzvyatkov, judgment of 22/10/2009, final on 22/01/2010

55956/00 Vatevi, judgment of 28/09/2006, final on 28/12/2006

Decisions

The Deputies,

1. adopted Interim Resolution CM/ResDH(2010)223 as it appears in the Volume of Resolutions;

2. decided to resume consideration of the progress made by the end of 2011 at the latest, with regard to the question of effective remedy and by mid-2012 at the latest, with regard to the question of the excessive length of judicial proceedings.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 1 case against Croatia

15766/03 Oršuš and others, judgment of 16/03/2010 - Grand Chamber

CM/Inf/DH(2010)46

Decisions

The Deputies,

1. noted that the Croatian authorities have submitted an action plan outlining a number of general measures and providing a clear timetable for their implementation;

2. noted with interest that this action plan, which is summarised in Memorandum CM/Inf/DH(2010)46, includes a number of positive elements aimed at providing safeguards against discrimination against Roma in primary education in Croatia;

3. decided to declassify the Memorandum CM/Inf/DH(2010)46;

4. invited the Croatian authorities to provide the Committee with further information on the outstanding issues identified in the Memorandum and on the developments regarding the measures to be taken;

5. decided to resume consideration of this item at their 1108th meeting (March 2011) (DH), in the light of further information to be provided on general measures.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 1 case against Cyprus and the Russian Federation

25965/04 Rantsev, judgment of 07/01/2010, final on 10/05/2010

Decisions

The Deputies,

1. took note of the information provided by the Cypriot and Russian authorities on the progress of the domestic investigations carried out by both states;

2. stressed again the evident importance of close co-operation between Cypriot and Russian authorities in this respect with a view to ensuring that an effective investigation is carried out to identify and punish those responsible;

3. encouraged the Cypriot and Russian authorities to continue their co-operation in this respect;

4. emphasised the importance of ensuring that the applicant is informed of all developments in the domestic investigations and in a position to exercise any rights he may have in this respect;

5. decided to resume consideration of this item at their 1108th meeting (March 2011) (DH), in the light of further information to be provided by the authorities of both states on the progress of domestic investigations and in the light of the assessment of general measures.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 1 case against the Czech Republic

57325/00 D.H. and others, judgment of 13/11/2007 - Grand Chamber

Decisions

The Deputies:

1. noted with satisfaction that the Czech authorities have confirmed that the National Action Plan on Inclusive Education (the "NAPIV") setting out the key measures proposed by the Czech authorities to execute the judgment is now definitively adopted and its implementation has begun;

2. encouraged the Czech authorities to follow the implementation of the NAPIV without delay, particularly concerning measures to address the situation of pupils improperly placed in practical schools (zakladni skoly prakticke) to ensure that they are able to transfer to the mainstream education system;

3. decided to declassify the Memorandum CM/Inf/DH(2010)47;

4. invited the Czech authorities to provide the Committee with further information on the outstanding issues identified in Memorandum and on progress achieved in the implementation of the Action plan;

5. decided to resume consideration of this item at their 1108th meeting (March 2011) (DH), in the light of further information to be provided on general measures.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 1 case against the Georgia

7975/06 Klaus and Yuri Kiladze, judgment of 2/02/2010, final on 2/05/2010

Decisions

The Deputies,

1. recalling that all respondent states have the legal obligation not just to pay any sum awarded by way of just satisfaction, but also to choose, subject to supervision by the Committee of Ministers, the general measures and/or, if appropriate, individual measures to be adopted in their domestic legal order to put an end to the violation found by the Court and to redress so far as possible the effects;

2. as far as general measures are concerned, recalling that in this case it was noted already in the judgment of the Court that the structural problem revealed by the case was clearly capable of generating a great number of applications to the Court and that the necessary legislative, administrative and budgetary measures should thus rapidly be taken in order to ensure that persons falling under Article 9 of the Law of 11 December 1997 may effectively benefit form the right guaranteed by this provision;

3. noted with interest the information provided by the Georgian authorities with respect to the latest developments in this case, in particular the round table organised in Strasbourg on 8 November 2010 and the plan of action under preparation following this meeting;

4. decided to resume the examination of this item, and in particular the issues relating to the general measures and the plan of action, at the latest at their 1108th meeting (March 2011) (DH).

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 3 cases against Greece

      - 3 cases concerning the dissolution or refusal to register associations established by persons belonging to Muslim minority of Western Thrace (Greece)

35151/05 Bekir-Ousta and others, judgment of 11/10/2007, final on 11/01/2008

34144/05 Emin and others, judgment of 27/03/2008, final on 01/12/2008

26698/05 Tourkiki Enosi Xanthis and others, judgment of 27/03/2008, final on 29/09/2008

Decisions

The Deputies,

1. took note of the bilateral consultations that took place between the Greek authorities and the Secretariat in Athens on 2 and 3 November 2010 with a view to discussing in particular the execution of these three judgments of the European Court;

2. took note of the latest developments concerning the national procedures relating to the registration of the three associations concerned which were initiated following the European Court’s judgment, namely that appeals in cassation had been lodged against the national decisions in the Bekir-Ousta and Tourkiki Enosi Xanthis cases and that the hearing in the Tourkiki Enosi Xanthis case has been scheduled for 7/10/2011, whilst the date of the hearing in the Bekir-Ousta case has not yet been fixed;

3. noted, in this respect, that under national law, in the context of civil proceedings, the request for a hearing date to be fixed, or for the acceleration of the examination of a case is made on the applicants’ initiative;

4. recalled that the applications submitted by the applicants before the Greek courts have faced, until now, procedural obstacles having prevented their examination on the merits;

5. noted however that according to the information provided by the Greek authorities, the recent case-law of the Court of Cassation could lead to an examination on the merits of the applicants’ request;

6. also noted the updated information provided by the Greek authorities that between January 2008 and October 2010, 32 out of 33 requests for the registration of associations whose title includes the adjective “minority” or indicates in some way that it is of minority origin, were accepted;

7. recalled the firm commitment of the Greek authorities to implementing fully and completely the judgments under consideration without excluding any avenue in that respect;

8. decided to resume examination of these items in the light of developments before the Court of Cassation and at the latest at their 1128th meeting (December 2011) (DH).

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 1 case against Greece

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

Decisions

The Deputies,

1. recalled that, at their 1072nd meeting (December 2009), they had noted with interest the information provided by the Greek authorities on the individual measures taken to allow the schooling of the applicants’ children in ordinary classes, as well as on general measures aimed at including Roma children in the education system in a non-discriminatory manner;

2. took note of the information provided recently by the Greek authorities as well as of the additional information presented at the meeting on individual and general measures;

3. welcomed the information provided by the Greek authorities about the recent developments further to the launching in 2010, by the Ministry of Education, of a new programme regarding Active inclusion of Roma children in national education which provides for Roma Mediators and Social Workers as well as support classes for Roma children and enhanced schooling activities, including in the Roma settlements;

4. encouraged the Greek authorities to accelerate the procedure of implementation of this programme;

5. noted with satisfaction the information given by the Greek authorities to the effect that they will provide the Committee of Ministers with a consolidated action plan containing all the information already provided as well as up-dated information on the progress of the program;

6. decided to resume consideration of this item at the latest at their 1115th meeting (June 2011) (DH), in the light of the consolidated action plan to be provided by the Greek authorities.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

Section 4.3

- 2207 cases against Italy

- 2183 cases of length of judicial proceedings

(see also, for more detailed information, CM/Inf/DH(2005)31, CM/Inf/DH(2005)31add, CM/Inf/DH(2005)31add2, CM/Inf/DH(2005)33, CM/Inf/DH(2005)39, CM/Inf/DH(2008)42

Interim Resolutions DH(97)336, DH(99)436, DH(99)437, ResDH(2000)135 ; ResDH(2005)114, CM/ResDH(2007)2,CM/ResDH(2009)42:

- 24 cases concerning bankruptcy proceedings (Articles 6§1, 8, 13, 1 of Protocol No. 1 and 2 of Protocol No. 4)

Interim Resolutions CM/ResDH(2007)27, CM/ResDH(2007)2 and CM/ResDH(2009)42

CM/Inf/DH(2008)42

32190/96 Luordo, judgment of 17/07/03, final on 17/10/03

47778/99 Bassani, judgment of 11/12/03, final on 11/03/04

14448/03 Bertolini, judgment of 18/12/2007, final on 07/07/2008

56298/00 Bottaro, judgment of 17/07/03, final on 17/10/03

13697/04 Carbe and others, judgment of 23/06/2009, final on 23/09/2009

30408/03 Cavalleri, judgment of 26/05/2009, final on 26/08/2009

24824/03 Colombi, judgment of 26/05/2009, final on 26/08/2009

1595/02 De Blasi, judgment of 05/10/2006, final on 12/02/2007

10347/02 Di Ieso, judgment of 03/07/2007, final on 03/10/2007

37360/04 Diurno, judgment of 23/06/2009, final on 23/09/2009

77986/01 Forte, judgment of 10/11/2005, final on 10/02/2006

10756/02 Gallucci, judgment of 12/06/2007, final on 12/11/2007

10481/02 Gasser, judgment of 21/09/2006, final on 12/02/2007

55984/00 Goffi, judgment of 24/03/2005, final on 06/07/2005

6480/03 Mur, judgment of 26/05/2009, final on 26/08/2009

7503/02 Neroni, judgment of 20/04/2004, final on 10/11/2004

39884/98 Parisi and 3 others, judgment of 05/02/04, final on 05/05/04

44521/98 Peroni, judgment of 06/11/03, final on 06/02/04

34562/04 Roccaro, judgment of 23/06/2009, final on 23/09/2009

52985/99 S.C., V.P., F.C. and E.C., judgment of 6/11/03, final on 6/02/04

981/04 Shaw, judgment of 10/03/2009, final on 10/06/2009

13606/04 Vicari Maria, judgment of 26/05/2009, final on 26/08/2009

29070/04 Vinci Mortillaro, judgment of 23/06/2009, final on 23/09/2009

7842/02 Viola and others, judgment of 08/01/2008, final on 08/04/2008

Decisions

The Deputies,

1. adopted Interim Resolution CM/ResDH(2010)224 as it appears in the Volume of Resolutions;

2. decided to resume consideration of these cases at their 1108th meeting (March 2011) (DH), in the light of further information to be provided by the Italian authorities.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 240 cases against Romania

    240 cases concerning the failure to restore or compensate for nationalised property

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

Decisions

The Deputies,

1. recalled that the questions raised in these cases concern a large-scale systemic problem, due to the dysfunctions of the Romanian system of restitution or compensation in respect of property nationalised during the Communist period;

2. recalled that this finding has been confirmed by the European Court in several judgments in which it stated that the respondent state must guarantee, by appropriate legal and administrative measures, the effective implementation of the right to restitution, be it in kind or by award of compensation;

3. also noted that, on 12 October 2010, the Court delivered a pilot judgment, which is not yet final, in the Maria Atanasiu and others case, stating that the Romanian state must take such measures of redress within 18 months from the date on which the judgment becomes final and decided to adjourn the examination of all similar applications during that period;

4. recalled in this context that the Romanian authorities submitted an action plan for the execution of these judgments, in February 2010, as well as supplementary information, in September 2010;

5. noted with interest among the measures taken the creation of a working group the task of which is to propose amendments to the legislation to render the restitution and compensation process more effective; noted in this respect that the Court stated in the pilot judgment that among other things “setting a cap on compensation awards and paying them in instalments over a longer period might also help to strike a fair balance between the interests of former owners and the general interest of the community” (§235 of the judgment);

6. called on the Romanian authorities to set urgently a provisional calendar for the implementation of the various stages specified in the action plan and to keep the Committee informed of the progress made and in particular with the legal reforms envisaged;

7. underlined in addition that in order to be able to assess the relevance of the measures proposed by the authorities, it is important to have a as precise and comprehensive report as possible on the progress of the compensation process for owners whose property rights have been prejudiced and on the number of claimants yet to be compensated; invited the authorities to supplement the information already submitted on this issue;

8. recalled, moreover, that information is also awaited on the current situation of a number of applicants;

9. decided to resume consideration of these items at their 1108th meeting (March 2011) (DH), in the light of additional information to be provided on general and individual measures.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 16 cases against the Russian Federation

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

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

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

33470/03 Antipenkov, judgment of 15/10/2009, final on 15/01/2010

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

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

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

19223/04 Fedorov Vladimir, judgment of 30/07/2009, final on 30/10/2009

2807/04 Gladyshev, judgment of 30/07/2009, final on 30/10/2009, rectified on 15/03/2010

30049/02 Kornev Yevgeniy, judgment of 30/07/2009, final on 30/10/2009

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

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

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

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

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

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

66688/01 Toporkov, judgment of 01/10/2009, final on 01/01/2010

Decisions

The Deputies,

1. took note with interest of the modifications in the legislation and administrative practice made by the Russian authorities since the events described in the judgments of the European Court;

2. noted however that notwithstanding these modifications, there are still issues requiring further general measures to ensure effective protection against torture and ill-treatment;

3. noted in this respect with satisfaction that the Russian authorities are currently engaged in a comprehensive reform of the Ministry of the Interior and that on 27 October 2010 a draft law on this subject was submitted to Parliament by the President of the Russian Federation;

4. encouraged the Russian authorities to seize fully the opportunity offered by the ongoing comprehensive reform to ensure that the legal and regulatory framework for police activities contains all necessary safeguards against police arbitrariness and abuses similar to those found by the Court in its judgments;

5. emphasised in this context the need for effective implementation of the requirements of the Convention in the domestic legal order, in particular those related to the safeguards applicable to any form of privation of liberty and effective investigation of alleged abuses, to prevent new, similar applications before the Court;

6. decided to resume consideration of these items at their 1108th meeting (March 2011) (DH) , in the light of further information to be provided by the authorities on individual and general measures.

* * *

1100th DH meeting – 2 December 2010

Section 4.2

- 78 cases against the Slovak Republic

Decisions

The Deputies,

1. adopted Interim Resolution CM/ResDH(2010)225 as it appears in the Volume of Resolutions;

2. decided to resume consideration of these items at their 1108th DH meeting (March 2011).

* * *

1100th DH meeting – 2 December 2010

Section 4.3

- 1 case against Bosnia and Herzegovina

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

Decisions

The Deputies,

1. recalled that in the present judgment, delivered on 22 December 2009, the Court found discrimination against persons belonging to groups other than the constituent peoples in Bosnia and Herzegovina in their right to stand for election to the House of Peoples and the Presidency of Bosnia and Herzegovina;

2. recalled that since its 1078th meeting (March 2010), the Committee has urged Bosnia and Herzegovina to adopt general measures to implement the judgment;

3. deeply regretted that the elections took place in Bosnia and Herzegovina on 3 October 2010 under rules found to be discriminatory by the European Court, and thus in contravention of the present judgment;

4. deplored that no political consensus has been reached on the content of the constitutional and legislative amendments necessary to execute the present judgment;

5. strongly urged as a matter of priority the authorities and political leaders of Bosnia and Herzegovina to work in a constructive manner to bring the country’s Constitution and its Electoral Code in line with this judgment and the Convention;

6. reiterated their call to the authorities of Bosnia and Herzegovina to take into account the relevant opinions of the Venice Commission in this regard;

7. invited the authorities of Bosnia and Herzegovina to continue informing the Committee of developments regarding the measures to be taken, in particular to indicate the procedural steps that need to be taken to implement this judgment and of any progress made in this respect, as well as to provide a description of the proposals under consideration, including points on which a consensus exists and those on which no such consensus has yet been reached;

8. decided to resume consideration of this item at their 1108th meeting (March 2011) (DH), in the light of further information to be provided on general measures.

* * *

1100th DH meeting – 2 December 2010

Section 4.3

- 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, possibly final on 28/12/2010 (just satisfaction in the Gusan application, 22539/05) and of 12/10/2010, possibly final on 12/01/2011 (just satisfaction in the Olaru application, 476/07)

Decisions

The Deputies,

1. took note of the progress made in the settlement of individual applications which were lodged with the Court before the delivery of the pilot judgment;

2. encouraged the Moldovan authorities to intensify their efforts to bring to an end the process of settlement of these applications within the new deadline set by the Court;

3. noted that draft laws have been prepared introducing a remedy for non-enforcement or unreasonably delayed enforcement of domestic judicial decisions;

4. regretted that these draft laws have still not been adopted and called upon the Moldovan authorities to give priority to the adoption of a domestic remedy as required by the pilot judgment;

5. noted in this context that there are still approximately 400 unenforced domestic judgments granting social housing rights which might give rise to a substantial risk of repetitive applications to the Court;

6. strongly encouraged the Moldovan authorities, pending the adoption of the reform above-mentioned, to explore other possible solutions aimed at providing adequate and sufficient redress to those who have obtained judgments granting social housing rights to prevent the risk of repetitive applications;

7. decided to resume consideration of this item at their 1108th meeting (March 2011) (DH) to assess the progress made in implementing the above-mentioned measures.

* * *

1100th DH meeting – 2 December 2010

Section 4.3

- 120 cases against the Russian Federation

Decisions

The Deputies,

1. recalled that the measures taken or being taken by the Russian authorities with a view to increasing the effectiveness of domestic investigations, in particular of those carried out following judgments of the European Court, are summarised in the Memorandum CM/Inf/DH(2008)33;

2. recalled further the Committee’s position that the assessment of the effectiveness of these measures would very much depend on the results achieved in these individual cases;

3. took note of bilateral contacts between the Secretariat and the Russian authorities on the issues related to individual measures and of the outstanding questions identified by the Secretariat in this regard;

4. invited the Russian authorities to present information on progress in adopting individual measures, bearing in mind the questions raised during the meeting;

5. decided to resume consideration of these items at their 1108th meeting (March 2011) (DH), in the light of the information to be provided on individual and general measures.

* * *

1100th DH meeting – 30 November 2010

Section 4.3

- 387 cases against the Ukraine

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

Decisions

1. adopted Interim Resolution CM/ResDH(2010)222 as it appears in the Volume of Resolutions;

2. decided to resume consideration of these items at their 1108th meeting (March 2011) (DH), in the light of information to be provided by the authorities on the measures taken to comply with the judgments.

* * *

1100th DH meeting – 2 December 2010

Section 4.3

- 1 case against the United Kingdom

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

Decisions

The Deputies:

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

2. recalled that at its meeting in December 2009, the Committee of Ministers adopted Interim Resolution CM/ResDH(2009)160, in which it urged rapid adoption of the general measures by the Respondent State;

3. noted that despite this, the United Kingdom general election was held on 6 May 2010 with the blanket ban on the right of convicted prisoners in custody to vote still in place;

4. recalled that in such circumstances the risk of repetitive applications identified by the Committee has materialised, as stated by the European Court in the pilot judgment, Greens and M.T. against the United Kingdom (60041/08 and 60054/08, judgment of 24/11/2010 not yet final), with over 2 500 clone applications received by the European Court;

5. noted that the United Kingdom authorities have confirmed that they will present draft legislation to implement the judgment in the near future as announced on 3 November by the Prime Minister to the United Kingdom Parliament;

6. expressed hope that the elections scheduled for 2011 in Scotland, Wales and Northern Ireland can be performed in a way that complies with the Convention;

7. called upon the United Kingdom authorities to present an Action plan for implementation of the judgment which includes a clear timetable for the adoption of the measures envisaged, without further delay;

8. decided to resume consideration of this item at their 1108th meeting (March 2011) (DH), in the light of further information to be provided by the authorities on general measures.

1 Including, on this occasion, decisions as well as judgments becoming final if appropriate until 31 December 2010, as set out in document CM/Inf/DH(2010)49.

2 See paragraph 9 of document CM/Inf/DH(2010)37.

3 The addition of this last sentence is based on a proposal by the United Kingdom which received wide support at the 1092nd meeting of the Committee of Ministers.

4 “7. Simplified supervision would entail only formal involvement of the Committee of Ministers at the end of the execution phase in order to endorse the measures adopted by the state […]“.

5 « 7. As requested by the Deputies, the practical modalities of such a twin-track supervisory system are set out below. The proposed arrangements are based on the principle that all cases are technically considered to be on the agenda of every « Human Rights » meeting until their closure. The arrangements also reflect the need for prioritised and ranked supervision by the Committee of Ministers. ».

« 12. In order for the standard procedure to operate effectively, member states are expected to present an action plan or an action report as soon as possible and in any event not later than six months after a judgment becomes final. The Committee’s involvement in the standard procedure will be limited to verifying whether or not action plans or action reports have been presented by member states. »

This question was also submitted by the Secretariat of the Committee of Ministers to the Jurisconsult of the Directorate of Legal Advice and International Public Law, who replied in a memorandum dated 7 October 2010 that "Thus, the large margin of discretion given to the CM […] leads, necessarily, to the conclusion that the proposal on how to deal with standard supervision cases would not be incompatible with the current CM Execution Rules."

6 See paragraph 2 of the decision adopted by the Committee of Ministers on 15 September 2010 :

« The Deputies […] 2. recalling the responsibility which lies on states parties to the European Convention on Human Rights regarding the effective execution of these judgments. »

7 It should be noted that when formulating this proposal, the Chairman emphasised that this option, like all other provisions of the reform would be adopted subject to review at the latest in December 2011.

8 §120 Al Saadoon and Mufdhi v United Kingdom

9 §120 Al Saadoon and Mufdhi v United Kingdom

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



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