Resolution CM/ResDH(2022)280

Execution of the judgments of the European Court of Human Rights

Two cases against Spain

(Adopted by the Committee of Ministers on 19 October 2022 at the 1446 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

40351/05

BERISTAIN UKAR

08/03/2011

08/06/2011

47303/08

OTAMENDI EGIGUREN

16/10/2012

16/01/2013

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 judgments transmitted by the Court to the Committee in these cases and to the procedural violations of Article 3 of the Convention established because of the lack of thorough investigations into the applicants’ allegations that they had suffered ill-treatment respectively in 2002 and 2003, during arrest and/or while they were held incommunicado in police custody (under Articles 509 and 527 of the Code of Criminal Procedure, in force at the material time);

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 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 the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action reports provided by the government indicating the measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2022)574 and DH-DD(2022)718 );

Noting with deep regret, in the light of this information, that no further individual measures are possible in these cases, because of the applicable prescription periods;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases was examined in the context of the supervision of the judgments in San Argimiro Isasa and Etxebarria Caballero (Final Resolution CM/ResDH(2017)281 );

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.