Resolution ResDH (2001)57 concerning the judgment of the European Court of Human Rights of 6 July 2000 (final on 6 October 2000) in the case of Tatete against Switzerland

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Tatete case delivered on 6 July 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 41874/98) against Switzerland, lodged with the European Commission of Human Rights on 17 June 1998 under former Article 25 of the Convention by Ms Marie-Claire Tatete , a national of the Democratic Republic of Congo, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints under Articles 2 and 3 of the Convention according to which the deportation of the applicant, who suffers from AIDS, to the Democratic Republic of Congo, would prevent her from obtaining adequate medical treatment ;

Whereas in its judgment of 6 July 2000 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list;

Whereas under the above-mentioned friendly settlement, the Government of Switzerland granted the applicant a provisional residence permit and undertook to pay ex gratia a global sum of 6 000 Swiss francs for all kinds of damages;

Recalling that Rule 44, paragraph 2, of the Rules of Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State indicated that the Court’s judgment had been sent out to the Federal Office for refugees and to the Commission of Appeal for asylum matters;

Having satisfied it self that on 28 August 2000, the Government of the respondent State had paid the applicant the sum provided for in the friendly settlement,

Declares, after having taken note of the information supplied by the Government of Switzerland, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.