Resolution CM/ResDH(2022)349
Execution of the judgments of the European Court of Human Rights
Ten cases against Hungary
(Adopted by the Committee of Ministers on 8 December 2022
at the 1451st meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
59214/11
BORBÁLA KISS
26/06/2012
26/09/2012
31373/11
RÉTI AND FIZLI
25/09/2012
25/12/2012
50218/08
LÁSZLÓ KÁROLY (No. 2)
12/02/2013
12/05/2013
11327/14
HAÁSZ AND SZABÓ
13/10/2015
13/01/2016
29609/16
TARJÁNI
10/10/2017
10/01/2018
3625/15
TERGE
27/02/2018
27/02/2018
45855/12
M.F.
31/10/2017
05/03/2018
21314/15
KOVÁCS
29/01/2019
29/01/2019
48455/14
CSONKA
16/04/2019
16/04/2019
65290/14
R.S.
02/07/2019
02/10/2019
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 the applicants’ ill-treatment by law enforcement officers during arrest, transfer and detention, as well as the lack of effective investigations into these events;
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 information provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2021)972 and DH-DD(2022)1232);
Considering that the question of individual measures was resolved, given that the prosecution re-examined the applicants’ individual cases and established that the reopening of the criminal investigations or the opening of disciplinary proceedings against the law enforcement officers was not possible;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Gubacsi (No. 44686/07) and the Balázs (No. 15529/12) groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.