Resolution CM/ ResDH ( 2014) 272

Execution of the judgment of the European Court of Human Rights by Belgium

M.S.S. against Belgium and Greece

Application No.

Case

Judgment of

Final on

30696/09

M.S.S.

21/01/2011

Grand Chamber

(Adopted by the Committee of Ministers on 4 December 2014 at the 1214th 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 judgment transmitted by the Court to the Committee in this case and to the violations, established in respect of Belgium, of Article 3 and of Article 13 combined with Article 3, in the context of the applicant’s expulsion, an asylum seeker, to Greece;

Recalling the obligation of any respondent State, 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 Bel gium to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government of Belgium indicating the measures adopted in order to give effect to the findings of the Court in respect of this State, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH ‑ DD(2014)1256 );

Having satisfied itself that all the measures required from Belgium 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 as far as Belgium is concerned,

DECIDES to close the examination thereof in respect of Belgium.