Resolution CM/ ResDH (2011)238 [1]

Execution of the judgment of the European Court of Human Rights

Zawadka against Poland

(Application No 48542/99, judgment of 23 June 2005, final on 12 October 2005)

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 referred to as “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the right to respect for family life due to the state ’ s failure in 1998 to meet its positive obligation to take measures to enforce the applicant ’ s right of contact with his son, a minor ( violation of Article 8) (see details in Appendix);

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment, having regard to the it ’ s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2011)238

Information about the measures to comply with the judgment in the case of

Zawadka against Poland

Introductory case summary

This case concerns a violation of the right to respect for family life due to the state ’ s failure in 1998 to meet its positive obligation to take measures to enforce the applicant ’ s right of contact with his son, a minor.

The European Court found that the Polish authorities had failed to take practical steps first to encourage the parties to co-operate in the enforcement of access arrangements and, secondly, secure concrete and appropriate assistance by competent state agents within a specific legal framework suited to the needs of separated parents and their child. The Court concluded that the domestic authorities failed in their positive obligation to provide the applicant with assistance which would make it possible for him to enforce his parental and access rights effectively (violation of Article 8 of the Convention).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

-

100 EUR

100 EUR

Paid on 09/01/2006

b) Individual measures

The proceedings concerning the enforcement of the judicial decision of 24/02/1998 concerning the applicant ’ s visiting rights were discontinued at an unspecified date because for more than three years the applicant was not able to indicate the address of his child and his mother.

According to the authorities, it was open to the applicant to institute proceedings on the basis of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, if his son were residing abroad, and/or request the reopening of proceedings concerning the enforcement of the judicial decision concerning his visiting rights. The applicant was informed of these possible avenues of redress in March 2007.

The applicant did not institute any proceedings with a view to re-establishing contact with his son. Nor did he submit any request to the Committee of Ministers in this respect.

The European Court concluded that the finding of a violation constituted in itself sufficient just satisfaction in respect of non-pecuniary damage sustained by the applicant.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The European Court ’ s judgment has been published on the website of the Ministry of Justice w w w.ms.gov.pl and sent out to the presidents of courts of appeal with a circular drawing judges ’ attention to the Court ’ s reasoning in the case. It has been also sent out to the National Police Commander-in-Chief, who in turn requested competent directors and commanders to publish it on the Police website and to include it in police officers ’ training programmes.

III. Conclusions of the respondent state

The government considers that no individual measures is required apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Poland has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 2 December 2011 at the 1128th Meeting of the Ministers’ Deputies