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CASE OF KAPRYKOWSKI AND 7 OTHER CASES AGAINST POLAND

Doc ref: 23052/05;45705/07;2627/09;28300/06;32798/02;15952/09;44369/02;48/03 • ECHR ID: 001-167459

Document date: September 21, 2016

  • Inbound citations: 215
  • Cited paragraphs: 1
  • Outbound citations: 0

CASE OF KAPRYKOWSKI AND 7 OTHER CASES AGAINST POLAND

Doc ref: 23052/05;45705/07;2627/09;28300/06;32798/02;15952/09;44369/02;48/03 • ECHR ID: 001-167459

Document date: September 21, 2016

Cited paragraphs only

Final Resolution CM/ ResDH ( 2016)278 Execution of the judgments of the European Court of Human Rights

Eight cases against Poland

Application No.

Case

Judgment of

Final on

23052/05

KAPRYKOWSKI

03/02/2009

03/05/2009

28300/06

SŁAWOMIR MUSIAŁ

20/01/2009

05/06/2009

44369/02

WENERSKI

20/01/2009

20/04/2009

48/03

ANDRZEJ WIERZBICKI

19/01/2010

19/04/2010

15952/09

ROKOSZ

27/04/2010

27/07/2010

2627/09

KUPCZAK

25/01/2011

20/06/2011

32798/02

MUSIAŁEK AND BACZYŃSKI

26/07/2011

26/10/2011

45705/07

D.G.

12/02/2013

12/05/2013

(Adopted by the Committee of Ministers on 21 September 2016 at the 1265 th meeting of the Ministers ’ Deputies)

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 in order 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(2016)790 );

Noting that all the applicants have been released, except Mr Wenerski , who is held in conditions appropriate to his state of health;

Welcoming the measures taken to improve access to health care in prisons and remand centres , including regulation of access to health care outside prison, in particular for specialist services, imposition of higher standards for the quality and availability of equipment and health care in prison and extensive training and awareness-raising measures;

Noting further the preventive and compensatory remedies available to inmates detained in circumstances amounting to ill-treatment, including through lack of adequate health care;

Welcoming the authorities ’ plans to monitor the situation and continue their reforms to improve access to health care and the functioning of the domestic remedies ;

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.

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