Resolution CM/ResDH(2022)348

Execution of the judgments of the European Court of Human Rights

Two cases against Cyprus

(Adopted by the Committee of Ministers on 8 December 2022 at the 1451 st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

24459/12

KHANI KABBARA

05/06/2018

05/09/2018

3869/07

THUO

04/04/2017

18/09/2017

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 substantive and procedural violations of Article 3 on account of ill-treatment by police officers in 2007 and 2011 and ineffective investigations into those allegations, as well as the applicant Thuo’s poor conditions of detention pending deportation in Nicosia Central Prisons from 14 November 2005 to 9 March 2007;

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 and action report provided by the government indicating the measures adopted to give effect to the judgment, including the information on the payment of just satisfaction (see documents DH-DD(2020)898 and DH-DD(2022)1120-rev );

Recalled that in the Khani Kabarra case the just satisfaction was paid, and that an ex officio re-examination of the case by the competent authorities after the European Court’s judgment revealed that there were no grounds to open a further investigation because the shortcomings identified by the Court in the first two investigations had already, as recognised by the Court, been remedied as far as possible by a third investigation; considered with regret that no further individual measures are possible;

Noting that no award of just satisfaction was made in the Thuo case, and that an ex officio investigation by an independent investigator after the European Court’s judgment remedied as far as possible the shortcomings of the first investigation but that due to the passage of time, it was not possible to gather sufficient evidence for a prosecution; considered that no further individual measures are necessary;

Noting with satisfaction the significant improvements in the system of investigating complaints of ill-treatment by police officers since the facts at issue (in 2007 and 2011), in particular in respect of independence, promptness and quality, and the measures capable of preventing ill-treatment by police officers, in particular the Chief of Police’s regular zero tolerance messages, the amended Police Code of Ethics and capacity building;

Recalling that since 2013 Block 10 of Nicosia Central Prison is no longer used as police detention centre and foreign nationals pending deportation who have not been convicted are not detained there which should prevent similar violations of Article 3 as occurred in the Thuo case in the future;

Considering that no further individual and general measures are required in these cases;

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.