Resolution CM/ResDH(2018)350
Execution of judgments of the European Court of Human Rights
Nine cases against Belgium
(Adopted by the Committee of Ministers on 20 September 2018
at the 1324th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
43653/09
DUFOORT
10/01/2013
10/04/2013
53448/10
SWENNEN
10/01/2013
10/04/2013
43687/09
CARYN
09/01/2014
09/04/2014
43733/09
GELAUDE
09/01/2014
09/04/2014
43663/09
OUKILI
09/01/2014
09/04/2014
28785/11
PLAISIER
09/01/2014
09/04/2014
50658/09
SAADOUNI
09/01/2014
09/04/2014
330/09
VAN MEROYE
09/01/2014
09/04/2014
49861/12+
VANDER VELDE ET SOUSSI
03/02/2015
03/02/2015
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’ prolonged detention in prison psychiatric wings not offering care appropriate to their mental health disorders as well as the lack of an effective remedy to complain about this detention and obtain redress (violations of Articles 5, paragraph 1 in all cases and 5, paragraph 4 in some cases);
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 noted the information provided regarding the payment of the just satisfaction awarded by the Court and that the ten applicants in these cases are no longer in a prison psychiatric wing, one being definitively released and the others having been placed in a forensic psychiatric centre (see document
DH-DD(2018)649);
Considering that the question of individual measures has therefore been resolved in these nine cases;
Recalling that the examination of the general measures required in response to the shortcomings found by the Court in these cases continues within the framework of the W.D. pilot judgment, the L.B. judgment and the other judgments belonging to this group; that the closure of these nine cases therefore in no way prejudges the Committee’s evaluation of these measures;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and;
DECIDES to close the examination thereof.
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