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CASE OF A.F. AGAINST GREECE AND 16 OTHER CASES

Doc ref: 53709/11, 53608/11, 58164/10, 22910/10, 2134/12, 78456/11, 70427/11, 32927/03, 26452/11, 63542/11, 6... • ECHR ID: 001-194055

Document date: June 6, 2019

  • Inbound citations: 48
  • Cited paragraphs: 1
  • Outbound citations: 0

CASE OF A.F. AGAINST GREECE AND 16 OTHER CASES

Doc ref: 53709/11, 53608/11, 58164/10, 22910/10, 2134/12, 78456/11, 70427/11, 32927/03, 26452/11, 63542/11, 6... • ECHR ID: 001-194055

Document date: June 6, 2019

Cited paragraphs only

Resolution CM/ ResDH (2019) 154 Execution of the judgment s of the European Court of Human Rights 17 c ase s against Greece

(Adopted by the Committee of Ministers on 6 June 2019 at the 13 48 th meeting of the Ministers' Deputies)

Application

Cases

Judgment of

Final on

53709/11

A.F.

13/06/2013

07/10/2013

53608/11

B.M.

19/12/2013

19/03/2014

58164/10

BYGYLASHVILI

25/09/2012

25/12/2012

22910/10

CHKHARTISHVILI

02/05/2013

02/08/2013

2134/12+

DE LOS SANTOS AND DE LA CRUZ

26/06/2014

26/09/2014

78456/11

F.H.

31/07/2014

31/10/2014

70427/11

HORSHILL

01/08/2013

01/11/2013

32927/03

KAJA

27/07/2006

27/10/2006

26452/11

TATISHVILI

31/07/2014

31/10/2014

63542/11

AL.K.

11/12/2014

11/03/2015

63493/11

H.H.

09/10/2014

09/01/2015

76951/12

CHAZARYAN AND OTHERS

16/07/2015

16/07/2015

58399/11

A.Y.

05/11/2015

05/02/2016

7811/15

TENKO

21/07/2016

21/07/2016

46558/12

S.G.

18/05/2017

18/05/2017

36657/11

BARJAMAJ

02/05/2013

02/08/2013

71825/11

HOUSEIN

24/10/2013

24/01/2014

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account a) of the conditions of detention of the applicants in various detention facilities (such as police stations, premises of authorities in charge of immigration or foreign nationals, border posts or the special holding facility at the Athens International Airport) (violations of Article 3) , b) of the living conditions of the applicants in Greece, resulting from the authorities’ inaction in respect of the situation in which they found themselves: living on the street, without access to sanitary facilities and without means of providing for their essential needs (violations of Article 3) , c) of the applicants’ right to an effective remedy against expulsion, due to deficiencies in the examination of the applicants’ asylum applications, notably lack of thorough and timely examination of the merits of asylum applications , and the risks incurred in case of expulsion to countries of origin (violations of Article 13 taken in conjunction with Article 3) ;

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 information provided by the government indicating the measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)372 ) ;

Recalling that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures required to resolve the problems related to a) the conditions of detention of the applicants in various detention facilities , b) the living conditions of the applicants in Greece and c) the applicants’ right to an effective remedy against expulsion , these measures being examined in the context of the M.S.S and Rahimi group of cases;

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 these cases as regards the individual measures and

DECIDES to close the examination thereof.

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