Resolution CM/ ResDH (2020)51

Execution of the judgment of the European Court of Human Rights

Claes against Belgium

(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

43418/09

CLAES

10/01/2013

10/04/2013

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 violations established related to the applicant ’ s prolonged detention in a prison psychiatric wing not offering the appropriate care to his mental health disorders and to the lack of an effective remedy to complain about it and obtain redress (violations of Articles 3, and 5, paragraphs 1 e) and 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 regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)649 ) and concerning the applicant who was definitively released on 17 September 2019 (see document DH-DD(2020)273 );

Considering that the question of individual measures has therefore been resolved in this case;

Recalling that the examination of the general measures required in response to the shortcomings found by the Court in this case continues within the framework of the W.D. pilot judgment and the L.B. group of four remaining cases; and that the closure of this case therefore in no way prejudges the Committee ’ s evaluation of these measures;

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 thereof.