Resolution CM/ ResDH (2018)228 Execution of the judgments of the European Court of Human Rights Two cases against Poland

(Adopted by the Committee of Ministers on 7 June 2018 at the 1318 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

45026/07

KĘDZIOR

16/10/2012

16/01/2013

31199/12

K.C.

25/11/2014

25/02/2015

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;

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 judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)332-rev );

Considering that the question of the individual measures has been resolved since the applicant in the Kędzior case is no longer confined in the social care home and has had access to a court to seek the restoration of this legal capacity, while the applicant in the K.C . case and her guardian may challenge her placement in a social care home at any time and her need for placement in the social care home has been examined , in accordance with the amended provision of the Psychiatric Protection Act, and confirmed;

Having noted the amendments adopted to the Psychiatric Protection Act, providing an incapacitated person inter alia with a right to appeal against a decision on compulsory placement and putting in place a mechanism for automatic periodic review of the grounds for a further stay in a social care home;

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 these cases and

DECIDES to close the examination thereof.