Resolution CM/ Res DH ( 2020 ) 231

Execution of the judgment s of the European Court of Human Rights

Two cases against Lithuania

(Adopted by the Committee of Ministers on 21 October 2020

at the 1386 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

71024/13 +

STEMPLYS AND DEBESYS

17/10/2017

17/10/2017

29826/15

MICHNO

04/12/2018

04/12/2018

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 inadequate conditions of the applicants’ detention, as well as the disproportionate limitations on long-stay family visits while in detention on remand (violations of Article 3 and 8);

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 information provided by the government indicating the measures adopted to give effect to these judgments, including on the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)681 );

Considering that the question of individual measures was resolved given that the applicants are no longer in detention and the just satisfaction awarded by the Court has been paid;

Recalling that the question of general measures required in relation to restrictions on long-stay family visits in detention on remand was examined by the Committee in the context of the case of Varnas v. Lithuania (see Final Resolution CM/ResDH(2017)140 );

Recalling that the question of general measures required in response to the shortcomings related to inadequate conditions of detention found by the Court in the present judgments continues to be examined within the framework of the Mironovas and Others v. Lithuania group of cases and that the closure of these cases therefore in no way prejudges the Committee ’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as concerns the individual measures and

DECIDES to close the examination thereof.