Resolution CM/ResDH(2009)15[1]
Execution of the judgment of the European Court of Human Rights
Boultif against Switzerland
(Application No. 54273/00, judgment of 2 August 2001, final on 2 November 2001)
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 the violation of the Convention found by the Court in this case concerns an infringement of the right to respect for the family life of the applicant, an Algerian national, due to the non-renewal of his residence permit following his conviction of a criminal offence (violation of Article 8) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Switzerland’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;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
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) and considering the decision taken at the 792nd meeting of the Ministers’ Deputies (30 April 2002), 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(2009)15
Information about the measures to comply with the judgment in the case of
Boultif against Switzerland
Introductory case summary
The case concerns a violation of the right to respect for the family life of the applicant, an Algerian national, due to the non-renewal of his residence permit following his conviction of a criminal offence (violation of Article 8).
The Court noted in particular first, that the applicant had committed an offence in April 1994 but that he had not re-offended, and secondly that the applicant’s wife, a Swiss national with whom he had been married since 1993, could not be expected to follow him to Algeria. The Court concluded that the applicant had been seriously impeded in establishing his family life as it was practically impossible for him to live with his family other than in Switzerland; moreover when the Swiss authorities took the decision not to renew his residence permit, the applicant represented no more than a limited threat to public order.
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
-
5346,70 CHF
5346,70 CHF
Paid on 05 /11 /2001
b) Individual measures
On 29 August 2001, following the Court’s judgment, the ban on the applicant’s entry to Switzerland was lifted.
He was given a visa and could thus travel to Switzerland, where an indefinite authorisation to remain was issued to him on 28 February 2002 by the Migration Office of the Canton of Zurich.
II.General measures
The Court’s judgment in this case, which is considered to be an isolated one, was published in the journal Jurisprudence des autorités administratives de la Confédération, volume 65/IV(2001); It also appears in the report on the activities of Switzerland at the Council of Europe Feuille fédérale dated 26 February 2002, Volume No. 8/2002, pages 1554 et seq.
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that Switzerland has thus complied with its obligations under Article 46, paragraph 1 of the Convention.
[1] Adopted by the Committee of Ministers on 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies
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