Resolution CM/ ResDH (2019)366 Execution of the judgment of the European Court of Human Rights

Gjikondi and others v. Greece

(Adopted by the Committee of Ministers on 5 December 2019 at the 1362 nd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

17249/10

GJIKONDI AND OTHERS

21/12/2017

21/03/2018

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;

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)1115 );

Considering that, in this case, there is a violation of Article 2 in its procedural part because of the authorities’ inability to conduct an effective investigation into the circumstances of the death of the applicants' relative;

Recalling that the issue of general measures continues to be examined in the Sakir case and that the closure of this case therefore does not prejudge the Committee's assessment of the general measures required;

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.