Resolution CM/ResDH(2014)285
Execution of the judgment of the European Court of Human Rights
Aswat against the United Kingdom
Application No.
Case
Judgment of
Final on
17299/12
ASWAT
16/04/2013
09/09/2013
(Adopted by the Committee of Ministers on 10 December 2014
at the 1215th meeting of the Ministers’ Deputies)
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;
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 recalled that the case concerned the United Kingdom’s decision to extradite the applicant to the United States, the implementation of which the Court found would be in violation of Article 3 in view of his mental health condition and the uncertainty surrounding his detention conditions and the medical services that would be available to him in the United States;
Having examined the government’s letter of 18 September 2013 and their action report indicating the measures adopted in order to give effect to the Court’s judgment, and noting that no award of just satisfaction was made in the present case (see documents DH-DD(2013)979 and DH-DD(2014)1287);
Recalling that any decision to extradite an individual can be reviewed by the domestic courts who are under an obligation to take the Court’s case law into account, that appeals have suspensive effect and that the efficiency of this remedy has been accepted by the Court;
Having noted, in respect of the individual measures, that the relevance and sufficiency of new information obtained from the United States’ authorities in respect of the applicant’s situation if extradited was assessed by the domestic courts during suspensive proceedings who concluded that the applicant’s extradition to the United States would not be in violation of Article 3;
Noting in addition that, on 23 September 2014, the European Court decided to lift the interim measures previously indicated to the United Kingdom on 16 September 2014 under Rule 39 of the Rules of Court; and that there were no further obstacles to the applicant’s extradition to the United States which took place in October 2014;
Having thus 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.
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