Resolution CM/ResDH(2014)91
Execution of the judgment of the European Court of Human Rights
Goggins and others against the United Kingdom
Application Nos.
Case
Judgment of
Final on
30089/04+
GOGGINS AND OTHERS
19/07/2011
08/03/2012
(Adopted by the Committee of Ministers on 18 June 2014
at the 1203rd 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 judgment transmitted by the Court to the Committee in this case;
Recalling that the applicants’ admissible complaint in this case concerned the collection or retention of DNA samples, fingerprints or associated data (complaint under Article 8);
Recalling that by a letter of 6 January 2011, the government of the respondent State informed the Court of its unilateral declaration, by which it, inter alia, acknowledged that the continuing retention of this data constitute a violation of Article 8; set out its intention to introduce a Freedom Bill to parliament; noted that any continued retention of the data of the applicants in question would be subject to the requirements of the new legislation; and argued that the acknowledgement and declaration of the violation together with the measures to ensure that subsequent retention will be subject to the requirements of the new legislation once enacted, constituted just satisfaction for the applicants;
Whereas in its judgment the Court decided, unanimously, to strike the case out of the list since the requirements for the application of Article 37 paragraph 1 (c) of the Convention were met in the present case, and that no other particular consideration related to respect for the human rights guaranteed in the Convention, justified pursuit of the application under Article 37, paragraph 1 in fine;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent State to inform it of the measures which had been taken in consequence of the judgment, having regard to its obligation under Article 46, paragraph 1 of the Convention to abide by it;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the sums provided for in the judgment (see document DH-DD(2014)403);
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and
DECIDES to close the examination thereof.
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