Resolution CM/ResDH(2008) 21 [1]

Execution of the judgment of the European Court of Human Rights

Znamenskaya against the Russian Federation

(Application No. 77785/01, judgment of 2 June 2005, final on 12 October 2005)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundam ental Freedoms, which provides that the Committee supervises the execution of fina l judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

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

Recalling that the violation of the Convention found by the Court in this case concerns the applicant ' s right to respect for her private life due to the authorities ' failure to establish the biological paternity and amend the surname of the applicant ' s stillborn child (violation of Article 8) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with the Russian Federation ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

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) and considering the decision taken at the 997th meeting of the Ministers ' Deputies (5 June 2007), 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(2008)21

Information about the measures taken to comply with the judgment in the case of Znamenskaya against the Russian Federation

Introductory case summary

The case concerns the Russian authorities ' failure to establish the biological paternity and amend the surname of the applicant ' s stillborn child, who had been registered under the name of the applicant ' s husband from whom she was separated at the time. The domestic courts rejected the applicant ' s request on the ground that the stillborn child had not acquired civil rights under the relevant provisions of the Family Code which apply to living children.

The European Court found that the applicant must have developed a strong bond with the embryo whom she had almost brought to full term and that she had expressed the desire to give him a name and bury him. The Court accordingly concluded that the failure to establish the child ' s descent violated her right to “private life” (violation of the Article 8).

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

1 000 EUR

-

1 000 EUR

P aid on 25/11/2005

b) Individual measures

It would appear that the applicant had a possibility to re-submit her claim to the domestic courts following the European Court ' s judgment. However, no further complaints have been lodged by the applicant.

II. General measures

The government conceded that, under the applicable provisions of family law, the claim should have been granted (§30 of the judgment).

The Russian authorities indicated that the judgment of the European Court had been sent out to all competent authorities together with letters from their hierarchy inviting them to take account of the findings of the European Court in their daily practice, i.e :

- to all judges by letter of the Deputy of the P resident of the Supreme Court of the Russian Federation on 03/08/2006;

- to all authorities responsible for registering births by letter from the Head of the Federal Registration service.

The judgment was also published in the Bulletin of the European Court of Human Rights (Russian version) in 2006, No. 8.

III. Conclusions of the respondent state

The Government considers that the measures taken will prevent new, similar violations and that the Russian Federation has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 27 March 2008 at the 1020th meeting of the Ministers’ Deputies