Resolution CM/ ResDH (2018)306 Execution of the judgments of the European Court of Human Rights Five cases against Serbia

(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

58559/12+

BOROVIĆ AND OTHERS

11/04/2017

11/04/2017

8647/16

HRUSTIĆ AND OTHERS

09/01/2018

09/01/2018

37929/10

JOKSIMOVIĆ

07/11/2017

07/11/2017

19222/16

MILOVANOVIĆ

19/12/2017

19/12/2017

26308/15

STOKIĆ

17/10/2017

17/10/2017

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the excessive length of judicial proceedings;

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;

Considering that the question of individual measures was therefore resolved, given that the domestic proceedings have been terminated;

Recalling that the question of the general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the group of cases Jevremović (Application No. 3150/05) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the excessive length of judicial proceedings and an effective domestic remedy;

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 of these cases.