Resolution CM/ ResDH (2018)277 Execution of the judgments of the European Court of Human Rights Six cases against Belgium

(Adopted by the Committee of Ministers on 5 September 2018 at the 1322 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

50575/99

DE LANDSHEER

15/07/2005

15/10/2005

21861/03

HAMER

27/11/2007

27/02/2008

11013/05

NICOLAI DE GORHEZ

16/10/2007

31/03/2008

2115/04

DEPAUW

10/06/2008

10/09/2008

44807/06

POELMANS

03/02/2009

03/05/2009

25694/06

HEYRMAN

09/10/2012

09/10/2012

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 concerning the excessive length of civil and/or criminal proceedings (violations of Article 6, paragraph 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 noted the information provided regarding the payment of the just satisfaction awarded by the Court and that the domestic proceedings in these cases were closed when the Court delivered its judgments (see documents DH-DD(2015)1113 and DH-DD(2018)537 );

Considering that the question of individual measures was therefore resolved in these cases;

Recalling that the general measures required to respond to the shortcoming found by the Court in these cases continue to be examined within the framework of the Bell judgment (Application No. 44826/05) and that the closure of these cases in no way prejudges the Committee’s evaluation of these measures;

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.