Resolution CM/ResDH(2022)249

Execution of the judgment of the European Court of Human Rights

Al-Dulimi and Montana Management Inc. against Switzerland

(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

5809/08

Al-Dulimi and Montana management inc.

21/06/2016

21/06/2016

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 judgment transmitted by the Court to the Committee in this case and to the violation of Article 6, paragraph 1 of the Convention, established on account of the lack of judicial scrutiny of freezing and confiscation procedures initiated in Switzerland pursuant to UN Security Council Resolutions 1483 (2003) and 1518 (2003) in relation to the assets belonging to the applicants;

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 report provided by the government indicating the measures adopted to give effect to the judgment, and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2022)564 );

Noting with satisfaction that the applicants’ names were removed from the sanctions list established pursuant to UN Security Council Resolution 1518, as well as from the list of Swiss sanctions, and therefore the applicants’ assets are no longer frozen;

Noting with satisfaction the positive evolution of the domestic case law, in particular that the Federal Court now examines on the merits, complaints submitted by persons included on sanctions lists; that the Swiss authorities continue to actively contribute to reforming the UN sanctions system, as well as that the law currently in force makes it possible to meet the requirements arising from of the European Court’s judgment, by ensuring full access to a judge in procedures for delisting from the sanctions lists, including on the basis of the UN sanctions;

Considering that no further individual and general measures are required in this case;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.