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CASE OF NEKVEDAVIČIUS AGAINST LITHUANIA AND 5 OTHER CASES

Doc ref: 1471/05;2971/08;67544/13;66042/10;15708/10;15121/11 • ECHR ID: 001-206027

Document date: October 21, 2020

  • Inbound citations: 54
  • Cited paragraphs: 2
  • Outbound citations: 0

CASE OF NEKVEDAVIČIUS AGAINST LITHUANIA AND 5 OTHER CASES

Doc ref: 1471/05;2971/08;67544/13;66042/10;15708/10;15121/11 • ECHR ID: 001-206027

Document date: October 21, 2020

Cited paragraphs only

Resolution CM/ Res DH ( 2020 ) 232

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

Six 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

1471/05

NEKVEDAVIÄŒIUS

10/12/2013

17/11/2015

10/03/2014

02/05/2016

2971/08

ARBAÄŒIAUSKIENÄ–

01/03/2016

01/06/2016

67544/13

BARTULIENÄ–

24/04/2018

24/04/2018

66042/10

BYKOVA AND OTHERS

18/12/2018

18/12/2018

15708/10+

TRUCHANOVIČ AND OTHERS

18/12/2018

04/02/2020

18/12/2018

04/02/2020

15121/11

VEROMEJ

19/03/2019

19/03/2019

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 failure to enforce domestic judgments on restoration of property rights over previously nationalised land or on acquisition of farm land; lack of effective remedies in that latter aspect; length of proceedings for the restitution of previously nationalised land and infringement of the right to property (violations of Article s 6 and 13 of the Convention and Article 1 of Protocol No. 1 );

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 action reports provided by the government indicating the measures adopted to give effect to these judgments, including the information on the payment of the just satisfaction awarded by the Court (see documents DH-DD(2020)578 and DH-DD(2020)543 );

Considering that the question of individual measures was resolved given that the restitution and enforcement proceedings were finalised in respect of all of the applicants and the just satisfaction has been paid;

Noting the progress in the general measures and the significant advancement of the restitution process of previously nationalised property in Lithuania towards its imminent finalisation ; recalling that the outstanding general measures aimed at the completion of that process and at ensuring an effective remedy for lack of timely enforcement of judgments recognising a right to acquire farm land continue to be examined within the framework of the Grigolovic v. Lithuania group of cases;

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

DECIDES to close the examination thereof .

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