Resolution CM/ ResDH (2020)91

Execution of the judgment of the European Court of Human Rights

Mutu and Pechstein against Switzerland

(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

40575/10+

MUTU AND PECHSTEIN

02/10/2018

04/02/2019

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 judgment transmitted by the Court to the Committee in this case and to the violation established in respect of the second applicant on account of the failure to hold a public hearing in compulsory arbitration proceedings before the Court of Arbitration for Sport in Lausanne (violation of Article 6, paragraph 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 report provided by the government indicating the measures adopted in order 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(2019)785 );

Considering that the question of individual measures was therefore settled, given that the just satisfaction awarded by the Court to the second applicant for non-pecuniary damage was paid and that she did not request the reopening of domestic proceedings;

Noting the general measures adopted to solve the issue of publicity before the Court of Arbitration for Sport, notably the adoption of new procedural rules allowing public hearings in disciplinary and/or ethics matters at the athlete ’ s request;

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 this case and

DECIDES to close the examination thereof.