Resolution CM/ResDH(2021)418

Execution of the judgments of the European Court of Human Rights

Three cases against Greece

(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

44078/07

EVAGGELOU

13/01/2011

20/06/2011

28157/09

SIK

29/01/2015

29/04/2015

71891/10

SHULI

13/07/2017

13/10/2017

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 the applicants’ right of access to a tribunal due to the excessively formalistic rejection as inadmissible of the applicants’ appeals in criminal proceedings before the Court of Cassation and an appeal court (violations of Article 6, paragraph 1), as well as to the excessive length of criminal proceedings and the lack of an effective remedy in this regard (violations of 6, paragraph 1, and Article 13 in Evaggelou );

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 individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)484 );

Considering that the question of individual measures was resolved given that the applicants did not request reopening of the impugned criminal proceedings, respectively, for more than ten, six and four years after the European Court’s judgments became final, while the proceedings in Evaggelou have been terminated;

Recalling that the supervision of violations of Article 6, paragraph 1, on account of excessive length of criminal proceedings and 13 on account of the lack of an effective remedy in this regard was terminated by virtue of Final Resolution CM/ResDH(2015)231 (Diamantides No. 2 group of cases / Michelioudakis group of cases);

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Kallergis case 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.