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CASE OF DUMONT AND 15 OTHER CASES AGAINST BELGIUM

Doc ref: 49525/99, 24731/03, 27535/04, 51788/99, 31634/03, 28171/04, 6203/04, 5950/05, 18211/03, 35327/05, 52... • ECHR ID: 001-159640

Document date: December 9, 2015

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CASE OF DUMONT AND 15 OTHER CASES AGAINST BELGIUM

Doc ref: 49525/99, 24731/03, 27535/04, 51788/99, 31634/03, 28171/04, 6203/04, 5950/05, 18211/03, 35327/05, 52... • ECHR ID: 001-159640

Document date: December 9, 2015

Cited paragraphs only

Resolution CM/ ResDH (2015) 245 Execution of the judgments of the European Court of Human Rights in Dumont and sixteen other cases of length of proceedings against Belgium

Application

Case

Judgment of

Final on

49525/99

DUMONT

28/04/2005

28/07/2005

24731/03

BARBIER

20/09/2007

20/12/2007

27535/04

DE SAEDELEER

24/07/2007

24/10/2007

51788/99

DE STAERKE

28/04/2005

28/07/2005

31634/03

DENÉE

04/12/2007

04/03/2008

28171/04

HEREMANS

24/04/2008

24/07/2008

6203/04

IWANKOWSKI AND OTHERS

27/11/2007

27/02/2008

5950/05

JOUAN

12/02/2008

12/05/2008

18211/03

LENARDON

26/10/2006

26/01/2007

35327/05

LEONARDI

03/02/2009

03/05/2009

52098/99

LEROY

15/07/2005

15/10/2005

46046/99

MARIEN

03/11/2005

03/02/2006

40628/04

NAGLER AND NALIMMO B.V.B.A.

17/07/2007

17/10/2007

25864/04

RAWAY AND WERA

27/11/2007

27/02/2008

52112/99

REYNTIENS

28/04/2005

28/07/2005

50236/99

ROBYNS DE SCHNEIDAUER

28/04/2005

28/07/2005

29198/05

SCHINCKUS

01/04/2008

01/07/2008

(Adopted by the Committee of Ministers on 9 December 2015 at the 1243rd 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 of Article 6, paragraph 1 owing to the excessive length of proceedings and, in the case of Raway and Wera , of Article 13 of the Convention due to the lack of effective remedy in this respect;

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(2015)1113 );

Noting that the general measures adopted by the authorities have had a satisfactory impact on the main causes of violation highlighted in these judgments, namely the length of civil proceedings before the c ourts of a ppeal and the Court of Cassation, as well as the length of judicial proceedings before several categories of criminal courts;

Noting, in addition, that Belgian law offers an effective compensatory remedy in civil matters and having noted, without prejudging the final assessment which the European Court will be called on to make, that this remedy is also applicable in criminal matters;

Noting that questions persist as concerns the length of civil proceedings before the first instance courts and the labour courts and the length of criminal proceedings before the Dutch-language chamber of the Court of Cassation which will continue to be examined in the context of the cases in the Bell group which remain under the supervision of the Committee;

Recalling also that questions related to the excessive length of pre-trial investigations are examined in the De Clerck and others group of cases which also remain under the supervision of the Committee;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in the above-mentioned seventeen cases and

DECIDES to close the examination thereof.

LEXI

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