Resolution CM/ResDH(2023)141

Execution of the judgments of the European Court of Human Rights

Four cases against North Macedonia

(Adopted by the Committee of Ministers on 7 June 2023 at the 1468 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

24058/13

ASLLANI

10/12/2015

10/03/2016

24312/10

ANDONOVSKI

23/07/2015

23/10/2015

37537/07

HAJRULAHU

29/10/2015

29/01/2016

59119/15

TRENDAFILOVSKI

17/12/2020

17/12/2020

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 the applicants’ ill-treatment by police agents during their arrest, questioning or incommunicado detention (substantive violations of Article 3) and ineffective investigations into the applicants’ allegations of their ill-treatment (procedural violations of Article 3) as well as to the violation of the right to a fair trial on account of the use of the applicant’s confession made after being tortured by the police in the context of criminal proceedings (violation of Article 6, paragraph 1, in the Hajrulahu case);

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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)342);

Expressing regret that no further measures could be taken by the prosecuting authorities in Hajrulahu and Andonovski because the prosecution of the applicants’ ill-treatment had become prescribed before the Court’s judgments, and noting that seven years have passed following the Court’s judgment in Hajrulahu, during which the applicant failed to request the reopening of the impugned unfair criminal proceedings in which his statement obtained under duress was used, a practical legal avenue capable of remedying the violation found by the Court;

Noting that in Asllani and Trendafilovski the criminal investigations resumed following the Court’s findings and were brought to an end, including with the conviction of the police officer responsible for ill-treatment in the performance of his official duties in Asllani;

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 Kitanovski group of cases and that the closure of these cases 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.