Resolution CM/ResDH(2023)263

Execution of the decisions of the European Court of Human Rights

Three cases against Poland

(Adopted by the Committee of Ministers on 21 September 2023 at the 1475 th meeting of the Ministers’ Deputies)

Application No.

Case

Date of the decision

13582/13

Janusz DUDEK and Others

17/10/2017

64055/13+

Henryk GOWIN

06/02/2018

77501/16

Andrzej RYBA AND Kazimierz RYBA

13/11/2018

The Committee of Ministers, under the terms of Article 39, paragraph 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of friendly settlements as they appear in the decisions of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Considering that in these cases the Court, having taken formal note of the friendly settlements reached by the government of the respondent State and the applicants and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided to strike these cases from its list;

Having examined the information provided by the government confirming the payment of the just satisfaction awarded by the Court (see documents DH-DD(2023)973 , DH-DD(2023)974 , DH-DD(2023)975 );

Considering that the question of individual measures was resolved, given that the just satisfaction has been paid and recalling that the domestic proceedings have been terminated at the time of the adoption of the decisions by the Court;

Recalling that the question of the general measures required to implement undertakings made by the authorities in these cases continues to be examined in the context of the Rutkowski pilot-judgment and that the closure of these cases is without prejudice in any way to the Committee’s assessment of the general measures necessary to ensure the expeditiousness of civil and criminal proceedings and the effectiveness of the domestic remedy,

DECLARES that it has exercised its functions under Article 39, paragraph 4, of the Convention and

DECIDES to close their examination.