Resolution CM/ResDH(2010)112[1]
Execution of the judgment of the European Court of Human Rights
Bader and Kanbor against Sweden
(Application No. 13284/04, judgment of 8 November 2005, final on 8 February 2006)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that in this case the Court found that the applicants’ deportation to Syria, if implemented, would give rise to violations of Articles 2 and 3 of the Convention (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Sweden’s obligation under Article 46, paragraph 1 of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2 of the Convention;
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures, preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2 of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2010)112
Information about the measures to comply with the judgment in the case of
Bader and Kanbor against Sweden
Introductory case summary
The case concerns the dismissal of the asylum application of the applicants, a S
