Resolution CM/ResDH(2021)324

Execution of the judgments of the European Court of Human Rights

Six cases against France

(Adopted by the Committee of Ministers on 2 December 2021

at the 1419 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

39472/07+

POPOV

19/01/2012

19/04/2012

33201/11

R.M. AND OTHERS

12/07/2016

12/10/2016

24587/12

A.M. AND OTHERS

12/07/2016

12/10/2016

11593/12

A.B. ET AUTRES

12/07/2016

12/10/2016

68264/14

R.K. AND OTHERS

12/07/2016

12/10/2016

76491/14

R.C. AND V.C.

12/07/2016

12/10/2016

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 judgments transmitted by the Court to the Committee and the violations found of Article 3 in all cases, of Article 5, paragraph 1, and 5, paragraph 4, in four cases and of Article 8 in three cases, concerning the administrative detention of families with minor children, with a view to their removal from the territory;

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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)71 );

Considering that the issue of individual measures has been resolved, all applicants having been released;

Noting that progress has been made but that the outstanding questions on the effective implementation of the regulations, applicable since 2016, continue to be examined by the Committee in the context of the new M.D. and A.D. v. France judgment (No. 57035/18), final on 22 October 2021, and that therefore, the closure of these cases in no way prejudges the Committee’s assessment of the general measures still awaited;

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 these cases and;

DECIDES to close the examination thereof.