Resolution CM/ Res DH ( 2020 ) 201

Execution of the judgments of the European Court of Human Rights Four cases against Greece

(Adopted by the Committee of Ministers on 1 October 2020

at the 1383 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

16643/09

SHARIFI AND OTHERS

21/10/2014

21/01/2015

39034/12

A.E.A.

15/03/2018

15/06/2018

19951/16

H.A. AND OTHERS

28/02/2019

28/05/2019

14165/16

SH.D. AND OTHERS

13/06/2019

13/09/2019

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 a) of the conditions of detention of the migrant applicants in various detention facilities (violations of Article 3) , b) of the living conditions of the applicants in Greece (violations of Article 3), c) of the applicants’ right to an effective remedy against expulsion, due to deficiencies in the examination of the applicants’ asylum applications, notably lack of thorough and timely examination of the merits of asylum applications, and the risks incurred in case of expulsion to countries of origin (violations of Article 13 taken in conjunction with Article 3); d) of the applicants’ unlawful deprivation of liberty (violations of Article 5, paragraph 1) and absence of judicial review of the lawfulness of detention (violations of Article 5, paragraph 4);

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 the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2019)372 , DH-DD(2020)571 , DH-DD(2020)648 ) ;

Recalling that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures required to resolve the problems related to: a) the conditions of detention of the migrant applicants in various detention facilities, b) the living conditions of the applicants in Greece; c) the applicants’ right to an effective remedy against expulsion , these measures being examined in the context of the M.S.S and Rahimi group of cases; and d) the applicants’ unlawful deprivation of liberty and absence of judicial review of the lawfulness of detention, these measures being examined in the context of the S.D. group of cases;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.