Resolution CM/ ResDH (2018)431 Execution of the judgment of the European Court of Human Rights M.P. against Finland

(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

36487/12

M.P.

15/12/2016

15/03/2017

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 concerning the applicant ’ s disproportionate criminal conviction and sentence to a fine in 2011 for defamation, due in particular to the fact that she expressed concerns in a confidential telephone conversation with a social worker that her daughter might have been sexually abused (violation of Article 10);

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 judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)1030 );

Having noted that the violations of the right to freedom of expression due to criminal convictions for invading the privacy of others or for defamation in contexts other than a confidential complaint to a competent official are examined in the Eerikainen and Others group of cases which remains under supervision of the Committee ;

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.