Resolution CM/ResDH(2018)298
Execution of the judgment of the European Court of Human Rights
Budnik against Poland
(Adopted by the Committee of Ministers on 5 September 2018 at the 1322nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
61928/13
BUDNIK
07/09/2017
07/09/2017
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 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(2018)236);
Noting that the violation of Article 3 on account of inadequate conditions of detention, in particular overcrowding, presents similarities with those found in the Orchowski group, closed by Final Resolution CM/ResDH(2016)254;
Noting that the Committee will continue to supervise the measures regarding the lack of minimum level of privacy due to insufficient separation of sanitary facilities within the context of the Szafrański case;
Having 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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