Resolution CM/ ResDH (2018)467 Execution of the judgments of the European Court of Human Rights Five cases against the United Kingdom

(Adopted by the Committee of Ministers on 6 December 2018 at the 1331 st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

74025/01

HIRST No. 2

06/10/2005

Grand Chamber

60041/08 +

GREENS AND M.T.

23/11/2010

11/04/2011

47784/09 +

FIRTH AND OTHERS

12/08/2014

15/12/2014

51987/08 +

McHUGH AND OTHERS

10/02/2015

10/02/2015

44473/14 +

MILLBANK AND OTHERS

30/06/2016

30/06/2016

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;

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 judgments, the Court found that the general, automatic and indiscriminate restriction on the right of convicted prisoners to vote was incompatible with Article 3 of Protocol No. 1 to the Convention;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgments, including where appropriate the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)843 );

Recalling the wide margin of appreciation in this area, noted the administrative measures taken and in particular the changes to policy and guidance to make it clear that two categories of prisoners who were previously effectively disenfranchised (prisoners released on temporary licence and on home detention curfew) are now able to vote;

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 and

DECIDES to close the examination thereof.