Resolution CM/ ResDH (201 7 ) 281 Execution of the judgment s of the European Court of Human Rights Two cases against Spain

(Adopted by the Committee of Ministers on 21 September 2017 at the 12 94 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

2507/07

SAN ARGIMIRO ISASA

28/09/2010

28/12/2010

74016/12

ETXEBARRIA CABALLERO

07/10/2014

07/01/2015

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 t hese cases and to the procedural violations of Article 3 of the Convention established on grounds of a lack of thorough investigation into the applicants’ allegations that they had suffered ill-treatment respectively in 2002 and 2011, during arrest and while they were held incommunicado in police custody (under Articles 509 and 527 of the Code of Criminal Procedure, in force at the material time);

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 examined the action reports 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 documents DH-DD(2017)480 and DH-DD(20 17)474 );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted, and without prejudging the examination that the European Court will be called on to make of the questions pending before it [1] concerning the lack of access to a lawyer of the detainee’s choice while in police custody under the abovementioned provisions;

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.

[1] Application No. 15508/15, communicated to Spain on 5 April 2017.