Resolution CM/ResDH(2022)359

Execution of the judgment of the European Court of Human Rights

Muca against Albania

(Adopted by the Committee of Ministers on 14 December 2022 at the 1452 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

57456/11

MUCA

22/05/2018

22/08/2018

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 violation established on account of the impossibility for the applicant, following his trial and conviction in absentia , to obtain in 2005-2011 a fresh judicial determination of the merits of the charges against him (violation of Article 6, paragraph 1);

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 additional information provided by the government, indicating the measures adopted to give effect to the judgment, and noting that the Court did not award any just satisfaction (see documents DH-DD(2019)539 and DH-DD(2022)1350 );

Noting that the general measures concerning this case were examined in the Caka group, closed with a final resolution ( CM/ResDH(2017)417 );

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.