Resolution CM/ResDH(2022)404

Execution of the judgments of the European Court of Human Rights

Two cases against the Netherlands

(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

69491/16

ZOHLANDT

09/02/2021

09/05/2021

73329/16

HASSELBAINK

09/02/2021

09/05/2021

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 violations established on account of irregularities in the applicants’ detention on remand (violations of Article 5, paragraphs 3 and 4);

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 individual 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(2022)1321 );

Considering that the question of individual measures was resolved, given that the applicants are no longer held in detention on remand;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Maassen case (No. 10982/15) and that the closure of these cases 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 these cases and

DECIDES to close the examination of these cases.