Resolution CM/ResDH(2021)396

Execution of the judgments of the European Court of Human Rights

Three cases against Italy

(Adopted by the Committee of Ministers on 8 December 2021

at the 1420 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

9056/14

AKINNIBOSUN

16/07/2015

16/10/2015

52557/14

S.H.

13/10/2015

13/01/2016

37931/15

BARNEA AND CALDARARU

22/06/2017

22/09/2017

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 of Article 8 of the Convention established on account of the authorities’ failure to make appropriate and sufficient efforts to ensure respect for the applicants’ right to live with their children before envisaging the severing of family ties;

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 submitted by the authorities (see document DH-DD(2018)933 ) and the information provided confirming the payment of the just satisfaction awarded by the Court;

Noting with deep regret that no individual measures are possible in the cases of Akinnibosun and S.H. given that the procedures for adoption of the applicants’ children had been completed by the time the Court gave those judgments;

Considering that no individual measures are necessary in the case of Barnea and Caldararu given that by the time the Court gave this judgment, the applicants and their child had been reunited;

Recalling that the general measures required to ensure that deprivation of parental responsibilities and authorisation of adoption are applied only in very exceptional circumstances and after everything has been done to preserve and, if and when appropriate, to re-establish family ties, continue to be examined in the framework of the Zhou group of cases 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.