Resolution CM/ResDH(2023)394

Execution of the judgment of the European Court of Human Rights

Karemani against Albania

(Adopted by the Committee of Ministers on 13 December 2023 at the 1484 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

48717/08

KAREMANI

25/09/2018

25/09/2018

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 the account of the lack of opportunity for the applicant to obtain a fresh determination of the merits of the charges against him following trial in absentia (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 updated information provided by the government indicating the 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 documents DH-DD(2019)539 and DH-DD(2023)457 );

Noting that the general measures were examined in the Caka group (No. 44023/02), closed with 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.