Interim Resolution CM/ ResDH (2017)292 Execution of the judgment of the European Court of Human Rights Zorica Jovanović against Serbia

(Adopted by the Committee of Ministers on 21 September 2017 at the 1294 th meeting of the Ministers’ Deputies)

Application

Case

Judgment of

Final on

21794/08

ZORICA JOVANOVIĆ

26/03/2013

09/09/2013

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”);

Recalling that the Court’s judgment in the present case became final on 9 September 2013 and that it concerns a violation of the applicant’s right to respect for her family life on account of the respondent State’s continuing failure to provide her with credible information as to the fate of her son, who allegedly died in a maternity ward in 1983 three days after his birth;

Recalling further that, in view of the significant number of potential applicants, the European Court held that “the respondent State must [by 9 September 2014] take all appropriate measures, preferably by means of a lex specialis ... to secure the establishment of a mechanism aimed at providing individual redress to all parents in a situation such as, or sufficiently similar to, the applicant’s”;

Expressing grave concern that, despite the Committee’s repeated calls and the assurances repeatedly given by the authorities, the draft law aimed at introducing the above mechanism has still not been adopted;

Recalling the unconditional obligation of Serbia under Article 46 of the Convention to abide by the judgments of the European Court,

CALLED UPON the authorities to take all necessary steps to ensure that the legislative process is brought to an end as a matter of utmost priority,

DECIDED to resume examination of this item at its 1302 nd meeting (December 2017) (DH).