Resolution CM/ResDH(2024)122
Execution of the judgments of the European Court of Human Rights
Two cases against Serbia
(Adopted by the Committee of Ministers on 13 June 2024
at the 1501st meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
21388/15
ALMAŠI
08/10/2019
24/02/2020
6097/16
STEVAN PETROVIĆ
20/04/2021
20/07/2021
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 ineffective investigations into the allegations of ill-treatment by police officers (in Almaši and Stevan Petrović) and the violation of the right to liberty (in Stevan Petrović);
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 individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)356);
Considering that the question of individual measures was resolved, given that the competent prosecutors have assessed the possibility of reopening of the impugned investigations and concluded that further investigatory steps can no longer be taken due to the statute of limitations; or that the applicant is no longer held in detention on remand (in Stevan Petrović);
Recalling that the question of general measures required in response to the shortcomings found by the Court in this these judgments continues to be examined within the framework of the Stanimirović and Kovač groups of cases also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the ineffective investigations into the allegations of ill-treatment by police officers and the failure of domestic courts to hear personally applicants when considering the extension of their pre-trial detention;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning ineffective investigations into the allegations of ill-treatment by police officers and the failure of domestic courts to hear personally applicants when considering the extension of their pre-trial detention in Stanimirović and Kovač groups of cases;
DECIDES to close the examination of these cases.