Resolution CM/ ResDH ( 2013)205 F.N. and others against Sweden

Execution of the judgment of the European Court of Human Rights

(Application No. 28774/09, judgment of 18 December 2012, final on 18 March 2013)

(Adopted by the Committee of Ministers on 9 October 2013 at the 1180th 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 the above case and to the violation 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 is 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 judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2013)750 );

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.

Stockholm , 20 June 2013

Ministry for Foreign Affairs

Sweden

Action report

Case of F.N. and others v. Sweden (Application No. 28774/09), j udgment of 18 December 2012 , final on 18 March 2013

Case s ummary

The enforcement of the expulsion order against the applicants, who are Uzbek nationals, would give rise to a violation of Article 3 of the Convention.

Individual measures

The award for costs and expenses of € 4 500 has been paid.

On 27 February 2013, the Migration Board granted the applicants permanent residence permits in Sweden.

General measures

The g overnment considers no general measures to be necessary.

The g overnment has distributed a report containing a summary of the judgment in Swedish, and with a copy of the judgment attached, to the Migration Board and the domestic courts directly involved in the case , i.e., the Migration Court in Stockholm and the Migration Court of Appeal. The report has also been distributed to other relevant courts and authorities, inter alia , all migration courts, the Swedish Bar Association, the Parliamentary Ombudsmen and the Chancellor of Justice.

The judgment in English and a summary in Swedish are soon to be published in the following location:

The g overnment ’ s human rights website at http://www.manskligarattigheter.se

The g overnment considers that all necessary measures in view of the Court ’ s judgment in the present case have been taken, that it has thus complied with its obligations under Article 46 § 1 of the Convention and that the case should consequently be closed.