Resolution CM/ResDH(2022)185

Execution of the judgments of the European Court of Human Rights

Two cases against Belgium

(Adopted by the Committee of Ministers on 22 September 2022 at the 1443 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

37768/13+

SYLLA AND NOLLOMONT

16/05/2017

16/08/2017

26404/18

PÃŽRJOLEANU

16/03/2021

16/03/2021

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 violations established of Article 3 of the Convention on account of poor conditions of detention in penitentiary institutions;

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 noted the information provided regarding the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures was therefore resolved, given that the applicants are no longer detained in Belgium (see in this regard, CM/Del/Dec(2022)1436/H46-3 );

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present cases continues to be examined within the framework of the case of Vasilescu v. Belgium and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

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

DECIDES to close the examination of these cases.