Resolution CM/ResDH(2023)350

Execution of the judgment of the European Court of Human Rights

Omorefe against Spain

(Adopted by the Committee of Ministers on 8 November 2023 at the 1480 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

69339/16

OMOREFE

23/06/2020

23/09/2020

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 judgment transmitted by the Court to the Committee in this case and to the violation of Article 8 of the Convention established on account of deficiencies in the decision-making process having deprived the applicant, a foreign national in difficulty, of contact with her child, who was taken into foster care at her request, then adopted without her consent six years later;

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 judgment and noting that no award of just satisfaction was made by the Court in this case (see document DH-DD(2022)983 );

Considering that the question of individual measures was resolved, given that the authorities re-examined, in a timely manner, the situation of the applicant and her minor son, in the light of the Court’s judgment and of the relevant domestic court decision, and took appropriate measures to re-established contact between them, taking account of the child’s situation and best interests;

Recalling that the question of the general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the case of Haddad v. Spain (No. 16572/17) also in the light of the Court’s findings in this case, and that the closure of this case 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 this case;

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning the safeguards attending pre-adoption placement of children and the contacts rights of their biological parents in the case of Haddad v. Spain (No. 16572/17);

DECIDES to close the examination of this case.