Resolution CM/ ResDH (2019) 364 Execution of the judgment of the European Court of Human Rights

O’Leary against Ireland

(Adopted by the Committee of Ministers on 5 December 2019 at the 1 362 nd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

45580/16

O’LEARY

14/02/2019

14/02/2019

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 s established on account of the excessive length of judicial proceedings and the absence of an effective domestic remedy ;

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 noted the information provided regarding the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures was therefore resolved, given that the domestic proceedings have been terminated;

Recalling that the question of general measures required in response to the shortcomings found by the Court in th is judgment continues to be examined within the framework of the McFarlane case and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required ;

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

DECIDES to close the examination thereof .