Resolution CM/ResDH(2022)162

Execution of the judgments of the European Court of Human Rights

Two cases against Hungary

(Adopted by the Committee of Ministers on 30 June 2022

at the 1438 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

36653/20

KÖKÉNY

10/06/2021

10/06/2021

50153/12+

KUN AND OTHERS

20/12/2018

20/12/2018

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 on account of irregularities in the applicants’ detention on remand (violations of Article 5, paragraphs 3 and 4);

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 resolved given that the applicants are no longer detained on remand;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the X.Y. v. Hungary group of cases (No. 43888/08) 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.