Resolution CM/ ResDH (2020)99

Execution of the judgments of the European Court of Human Rights

Three cases against Poland

(Adopted by the Committee of Ministers on 4 June 2020 at the 1377 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

63696/12

JARMUÅ»

13/06/2019

13/06/2019

37734/14

TYRKA

06/06/2019

06/06/2019

45751/10

ZIAJA

16/05/2019

16/05/2019

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 the excessive length of judicial proceedings and the lack of effective remedy in this respect;

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 confirming the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures was resolved, given that the domestic proceedings have been terminated at the time of the delivery of the European Court ’ s judgments;

Recalling that the question of the general measures required to respond to the shortcomings established by the Court in the present judgments continues to be examined in the context of the Bąk , Majewski and Rutkowski cases and that the closure of these judgments is without prejudice in any way to the Committee ’ s assessment of the general measures necessary to ensure the expeditiousness of civil and criminal proceedings and the effectiveness of the domestic remedy,

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 of these cases.