Resolution CM/ResDH(2021)424

Execution of the judgment of the European Court of Human Rights

Khlaifia and Others against Italy

(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

16483/12

KHLAIFIA AND OTHERS

15/12/2016

Grand Chamber

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 violations of Article 5, paragraphs 1, 2 and 4, and of Article 13 taken together with Article 3 of the Convention established due to the lack of a legal basis, non-provision of information and lack of judicial review in respect of the administrative detention of migrants in initial reception centres, and the absence of an effective remedy concerning living conditions in such centres;

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 and the information previously provided by the government, indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2021)1062 , DH-DD(2021)190 and DH-DD(2019)671 );

Recalling its assessment and conclusion that no further individual measure is required in this case, given that the applicants were no longer suffering any consequence of the violations at the time the judgment became final and that the authorities paid the just satisfaction awarded by the Court;

Noting with interest that, as a result of the legislative interventions adopted by the Italian authorities, the current legal framework regulating the administrative detention of migrants in reception centres provides a clear and accessible legal basis; requires the authorities to provide information to the persons concerned about their rights and the grounds for their detention; and provides for an automatic judicial review of the lawfulness of any decision to detain;

Considering that the information and the judicial decisions provided by the authorities indicate with a sufficient degree of certainty that the combination of preventive and compensatory civil law remedies under Article 700 of the Code of Civil Procedure and Article 2043 of the Civil Code may allow migrants in administrative detention to bring before a competent national judicial authority arguable complains related to their living conditions and obtain adequate redress, should these conditions reach the threshold of gravity required to qualify as inhuman or degrading treatment;

Expressing its strong expectation that the authorities will consider the concerns raised by civil society in this case and take every necessary measure to guarantee that the new legal framework is rigorously and consistently applied in full compliance with the relevant Convention requirements, and underlining in this context the importance of a continuing dialogue with the relevant civil society actors and with the National Guarantor for the rights of persons deprived of personal liberty;

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.