Resolution CM/ResDH(2017)149
Execution of the judgments of the European Court of Human Rights
Four cases against Belgium
(Adopted by the Committee of Ministers on 7 June 2017 at the 1288th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
34316/02
DE CLERCK
25/09/2007
25/12/2007
18393/09
PANJU
28/10/2014
23/03/2015
13414/05
WAUTERS AND SCHOLLAERT
13/05/2008
13/08/2008
41881/02
BEHEYT
13/05/2008
13/08/2008
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;
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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)537);
Noting that the general measures adopted by the authorities have had a positive impact on the length of the criminal investigations, including in the Brussels Court of Appeal’s jurisdiction;
Noting, in addition, that Belgian law offers an effective compensatory remedy in criminal matters as recognised by the European Court in its judgment Hiernaux v. Belgium (28022/15) on 24 January 2017;
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 these cases and
DECIDES to close the examination thereof.
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