Resolution CM/ResDH(2023)287
Execution of the judgment of the European Court of Human Rights
A.V. against Italy
(Adopted by the Committee of Ministers on 18 October 2023
at the 1478th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
36936/18
A.V.
10/12/2020
10/12/2020
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 the domestic courts’ failure to make adequate and sufficient efforts to ensure that the applicant could exercise his visiting rights to his son;
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 measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)260);
Considering that no individual measure was necessary in this case, apart from the payment of just satisfaction, given that the contacts between the applicant and his son had been re-established by the time the Court gave its judgment;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the group of cases Terna v. Italy (Application No. 21052/18), 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 in relation to the respect of parental visiting rights under the conditions set by judicial decisions;
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 implementation of judicial decisions setting parents’ visiting rights in the Terna v. Italy group of cases;
DECIDES to close the examination of this case.
Full & Egal Universal Law Academy