Resolution CM/ResDH(2022)322

Execution of the judgment of the European Court of Human Rights

Višniakovas against Lithuania

(Adopted by the Committee of Ministers on 23 November 2022 at the 1449 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

25988/16

VIÅ NIAKOVAS

18/12/2018

18/12/2018

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 judgment transmitted by the Court to the Committee in this case and to the violations established on account of lack of adequate conditions of detention and lack of remedies thereof (Articles 3 and 13 of the Convention);

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 plan provided by the government indicating the measures adopted to give effect to the judgment, and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2022)306 );

Considering that the question of individual measures was resolved, given that the applicant is no longer in detention;

Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Mironovas and Others group of cases and that the closure of this case 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 this case and

DECIDES to close the examination thereof.