Resolution CM/ResDH(2015)245
Execution of the judgments of the European Court of Human Rights in
Dumont and sixteen other cases of length of proceedings against Belgium
Application
Case
Judgment of
Final on
49525/99
DUMONT
28/04/2005
28/07/2005
24731/03
BARBIER
20/09/2007
20/12/2007
27535/04
DE SAEDELEER
24/07/2007
24/10/2007
51788/99
DE STAERKE
28/04/2005
28/07/2005
31634/03
DENÉE
04/12/2007
04/03/2008
28171/04
HEREMANS
24/04/2008
24/07/2008
6203/04
IWANKOWSKI AND OTHERS
27/11/2007
27/02/2008
5950/05
JOUAN
12/02/2008
12/05/2008
18211/03
LENARDON
26/10/2006
26/01/2007
35327/05
LEONARDI
03/02/2009
03/05/2009
52098/99
LEROY
15/07/2005
15/10/2005
46046/99
MARIEN
03/11/2005
03/02/2006
40628/04
NAGLER AND NALIMMO B.V.B.A.
17/07/2007
17/10/2007
25864/04
RAWAY AND WERA
27/11/2007
27/02/2008
52112/99
REYNTIENS
28/04/2005
28/07/2005
50236/99
ROBYNS DE SCHNEIDAUER
28/04/2005
28/07/2005
29198/05
SCHINCKUS
01/04/2008
01/07/2008
(Adopted by the Committee of Ministers on 9 December 2015
at the 1243rd meeting of the Ministers’ Deputies)
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 of Article 6, paragraph 1 owing to the excessive length of proceedings and, in the case of Raway and Wera, of Article 13 of the Convention due to the lack of effective remedy in this respect;
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 in order 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(2015)1113);
Noting that the general measures adopted by the authorities have had a satisfactory impact on the main causes of violation highlighted in these judgments, namely the length of civil proceedings before the courts of appeal and the Court of Cassation, as well as the length of judicial proceedings before several categories of criminal courts;
Noting, in addition, that Belgian law offers an effective compensatory remedy in civil matters and having noted, without prejudging the final assessment which the European Court will be called on to make, that this remedy is also applicable in criminal matters;
Noting that questions persist as concerns the length of civil proceedings before the first instance courts and the labour courts and the length of criminal proceedings before the Dutch-language chamber of the Court of Cassation which will continue to be examined in the context of the cases in the Bell group which remain under the supervision of the Committee;
Recalling also that questions related to the excessive length of pre-trial investigations are examined in the De Clerck and others group of cases which also remain under the supervision of the Committee;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in the above-mentioned seventeen cases and
DECIDES to close the examination thereof.
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