Resolution CM/ ResDH (2017)188 Execution of the judgment of the European Court of Human Rights W.P. against Germany

(Adopted by the Committee of Ministers on 14 June 2017 at the 1289 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

55594/13

W.P.

06/10/2016

06/01/2017

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 judgment transmitted by the Court to the Committee in this case;

Recalling that by a letter of 5 May 2014, the government of the respondent State informed the Court of its unilateral declaration by which it acknowledged that the applicant’s preventive detention had violated Articles 5 and 7 of the Convention; it offered to pay the applicant, within three months, 11,000 EUR as a compensation for any and all claims, costs and expenses on the part of the applicant against the Federal Republic of Germany (i.e. against the Federation and/or the Länder ) due to placement in preventive detention in violation of the Convention ;

Noting that in its judgment the Court decided, unanimously, to strike the case out of the list since the requirements for the application of Article 37 paragraph 1 (c) of the Convention were met, and that no other particular consideration related to respect for the human rights guaranteed in the Convention, justified pursuit of the application under Article 37, paragraph 1 in fine ;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, on 19 January 2017, within the time-limit set, the government of the respondent State had paid the applicant the sum provided for in the judgment and noting that no further obligation results from the judgment ;

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.