Resolution CM/ ResDH (2018)338 Execution of the judgment of the European Court of Human Rights Tatishvili against Russian Federation

(Adopted by the Committee of Ministers on 20 September 2018 at the 1324 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

1509/02

TATISHVILI

22/02/2007

09/07/2007

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 judgment transmitted by the Court to the Committee in this case 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;

Having examined the information 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 Appendix);

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.

Appendix

Information about the measures to comply with the judgment

in the case of Tatishvili against Russian Federation

Case summary

The case concerns the unlawful refusal of the Moscow residence registration authorities to process an application of a Georgian-born woman who was a citizen of the former USSR until December 2000 (date on which she became stateless) for registration as a resident at her home address (violation of Article 2 of Protocol No. 4).

The case also concerns t the manifestly deficient reasoning of the district court, subsequently upheld on appeal, which failed to fulfil the requirements of a fair trial (violation of Article 6, paragraph 1).

I. Payment of just satisfaction and other individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Paid on

EUR 15

EUR 3,000

EUR 2,500

EUR 5,515

20/09/2007

b) Other individual measures

The applicant was registered at her place of residence on 11 September 2007. In these circumstances, no other individual measure appears to be required.

II. General measures

The violation in this case occurred as a result of an isolated incident of malpractice. The refusal to process the applicant ’ s application for residence registration violated the domestic law.

The judgment of the European Court has been widely published and disseminated to all the authorities concerned to prevent future similar violations.

The Russian authorities consider that no further general measures are required.

III. Conclusions of the respondent State

The government considers that the measures adopted have fully remedied the consequences of the violations of the Convention found by the European Court in this case and that these measures will prevent similar violations. The Russian Federation has, therefore, complied with its obligations under Article 46, paragraph 1, of the Convention.