Resolution CM/ ResDH (2018)299 Execution of the judgment of the European Court of Human Rights Janusz Wojciechowski against Poland

(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

54511/11

JANUSZ WOJCIECHOWSKI

28/06/2016

28/09/2016

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 judgment transmitted by the Court to the Committee in this case and to the violation 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 regarding the payment of the just satisfaction awarded by the Court ;

Noting that the individual measures in this case are settled, as the applicant is no longer detained;

Regarding general measures, noting that the violation of Article 3 on account of inadequate conditions of detention, in particular overcrowding, presents similarities with those found in the group Orchowski , closed by Final Resolution CM/ ResDH (2016)254 , and that the Committee will continue to supervise the measures regarding l ack of a minimum level of privacy due to insufficient separation of sanitary facilities within the context of the Szafrański case;

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.