Resolution CM/ ResDH (2019)142

Execution of the judgment of the European Court of Human Rights Matiosaitis and Others against Lithuania

( Adopted by the Committee of Ministers on 6 June 2019 at the 1348th meeting of the Ministers' Deputies )

Application No.

Case

Judgment of

Final on

22662/13+

MATIOSAITIS AND OTHERS

23/05/2017

23/08/2017

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;

Recalling that, in the present judgment, the Court found that the lack of any mechanism providing a possibility for review and release of life prisoners in Lithuania was incompatible with Article 3 of the Convention;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment, and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2019)400 ) ;

Having noted in particular the legislative amendments which have established a judicial mechanism accompanied by procedural safeguards enabling life prisoners to request a review of their sentences after 20 years , with further periodic reviews available thereafter;

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.