Resolution CM/ResDH(2024)184
Execution of the judgment of the European Court of Human Rights
Bouton against France
(Adopted by the Committee of Ministers on 19 September 2024
at the 1507th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
22636/19
BOUTON
13/10/2022
13/01/2023
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 found on account of the disproportionate interference with the applicant’s freedom of expression as a result of the disproportionate criminal penalty imposed on her;
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 individual measures adopted to execute the judgment, including the information provided on the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)178);
Considering that the question of individual measures was resolved, given that the applicant could have requested, within a year, the reopening of the criminal proceedings and also has at her disposal other means to erase their negative consequences;
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 case Rouillan (No. 28000/19), also in the light of the Court’s findings in this case, and that its closure therefore in no way prejudges the Committee’s evaluation of the general measures concerning the respect of freedom of expression;
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 in the case of Rouillan;
DECIDES to close the examination of this case.