Resolution CM/ ResDH (2020)129

Execution of the judgment of the European Court of Human Rights

Yengo against France

(Adopted by the Committee of Ministers on 1 July 2020 at the 1380 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

50494/12

YENGO

21/05/2015

21/08/2015

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 judgment transmitted by the Court to the Committee in this case and to the violation established of Article 13 due to the lack of an effective preventive domestic remedy in the field of conditions of detention in prisons;

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 report of the government indicating the individual measures adopted to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)131 );

Considering that the question of individual measures was therefore resolved, given that the applicant is no longer detained;

Recalling that the question of general measures required in response to the shortcomings found by the Court in this case continues to be examined within the framework of the new judgment J.M.B. and others v. France (application No. 9671/15 and 31 other applications, final on 30 May 2020), and that the closure of this case therefore in no way prejudges the Committee ’ s evaluation of the general measures in relation to the poor conditions of detention in prisons in mainland France and in the overseas territories and the establishment of an effective preventive domestic remedy;

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

DECIDES to close the examination of this case.