Resolution CM/ ResDH (2018)456 Execution of the judgments of the European Court of Human Rights Beneficio Cappella Paolini against San Marino

(Adopted by the Committee of Ministers on 12 December 2018 at the 1332 nd meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

40786/98

BENEFICIO CAPPELLA PAOLINI

13/07/2004

03/05/2007

13/10/2004

03/08/2007

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 this case and to the violations established concerning the excessive length of judicial proceedings initiated by the applicant religious institution, its right to access to a court and the refusal to allow the restitution of plots of land which had previously been expropriated for public utility reasons but remained partially unused (violations of Article 6, paragraph 1, and of article 1 of Protocol n o 1);

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 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(2018)1044 ) ;

Having noted that the question related to the excessive length of civil proceedings was examined in the context of the supervision of the Vanessa Tierce case which was closed by Final Resolution CM/ ResDH (2011)261 ;

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.