CASE OF MAKARATZIS AGAINST GREECE AND 12 OTHER CASES
Doc ref: 50385/99, 12294/07, 15250/02, 17060/03, 21449/04, 25771/03, 27850/03, 2945/07, 2954/07, 38089/12, 42... • ECHR ID: 001-212435
Document date: September 16, 2021
- Inbound citations: 313
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- Cited paragraphs: 1
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- Outbound citations: 0
Resolution CM/ResDH(2021)190
Execution of the judgments of the European Court of Human Rights
Thirteen cases against Greece
(Adopted by the Committee of Ministers on 16 September 2021
at the 1411 th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
50385/99
MAKARATZIS
20/12/2004
Loading citations...20/12/2004
12294/07
ZONTUL
17/01/2012
17/04/2012
15250/02
BEKOS AND KOUTROPOULOS
13/12/2005
13/03/2006
17060/03
ZELILOF
24/05/2007
24/08/2007
21449/04
CELNIKU
05/07/2007
05/10/2007
25771/03
ALSAYED ALLAHAM
18/01/2007
23/05/2007
27850/03
KARAGIANNOPOULOS
21/06/2007
21/09/2007
2945/07
GALOTSKIN
14/01/2010
14/04/2010
2954/07
STEFANOU
22/04/2010
04/10/2010
38089/12
SARWARI AND OTHERS
11/04/2019
11/07/2019
42660/11
ANDERSEN
26/04/2018
26/07/2018
43326/05
LEONIDIS
08/01/2009
05/06/2009
44803/04
PETROPOULOU-TSAKIRIS
06/12/2007
06/03/2008
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of use of potentially lethal force by the police in the absence of an adequate legislative and administrative framework governing the use of firearms (substantive violations of Article 2); ill-treatment by police (violations of Article 3); ill-treatment by coastguards amounting to torture (violations of Article 3); absence of effective administrative and criminal investigations including inadequate penalties (procedural violations of Article 2 and of Article 3) and of the failure to investigate whether racist motives on the part of the police may have played a role in some cases (violations of Article 14 combined with Article 3).
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the communications provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2019)1098 , DH-DD(2021)654 );
Considering that the question of individual measures in the above cases was resolved, given that the applicants were provided redress through the just satisfaction awarded by the Court, and in some cases by additional compensation awarded by domestic courts, the public apologies expressed by the Government in March 2021, and that reopening of the criminal and disciplinary investigations is regrettably no longer possible due to prescription of the relevant offences;
Taking note of the significant other general measures taken in recent years with a view to preventing similar violations, decided to continue the examination of the question of the outstanding general measures required in response to the shortcomings found by the Court in these judgments in the context of a new group of cases named Sidiropoulos and Papakostas and noted that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required to prevent recurrence of ill ‑ treatment by law enforcement officers, and lack of effective investigations into ill-treatment and deaths in the context of law enforcement;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.