Resolution CM/ ResDH (2019)156 Execution of the judgment of the European Court of Human Rights Wetjen and Others against Germany

(Adopted by the Committee of Ministers on 10 July 2019 at the 1351bis meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

68125/14+

WETJEN AND OTHERS

22/03/2018

22/06/2018

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;

Recalling that by a letter of 9 June 2016 , the government of the respondent State informed the Court of its unilateral declaration by which it acknowledged that the duration of the interlocutory order to withdraw parts of the applicants’ parental custody had violated Article 8 of the Convention; it offered to pay the applicants, within three months, 9,000 EUR and 8,000 EUR respectively as a compensation for all claims on the part of the applicants in connection with the above-mentioned application against the Federal Republic of Germany, including in particular compensation for the damage suffered (including non-pecuniary damage), as well as costs and expenses;

Noting that in its judgment the Court decided, unanimously, to strike the case out of the list since the requirements for the application of Article 37 paragraph 1 (c) of the Convention were met, and that no other particular consideration related to respect for the human rights guaranteed in the Convention, justified pursuit of the application under Article 37, paragraph 1 in fine ;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, on 21 June 2018, within the time-limit set, the government of the respondent State had paid the applicants the sums provided for in the judgment and noting that no further obligation results from the judgment;

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.