Resolution CM/ResDH(2026)29
Execution of the judgment of the European Court of Human Rights
H.F. and Others against France
(Adopted by the Committee of Ministers on 11 March 2026
at the 1553rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
24384/19
H.F. AND OTHERS
14/09/2022
14/09/2022
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 on account of the absence of adequate safeguards against arbitrariness in the examination of requests for the repatriation of three French children and their respective mothers, detained since 2019 in camps in north-eastern Syria (violation of Article 3 § 2 of Protocol No. 4);
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 judgment (see document DH-DD(2026)172);
Recalling that the French authorities have abided by the Court’s recommendation under Article 46 of the Convention by re-examining the requests for repatriation of the applicants’ relatives;
Emphasising that since the Committee last examined the case in March 2024, the authorities have continued to respond expressly to all requests for repatriation addressed to them, in an individualised and reasoned manner and taking particular account of the best interests of the children;
Noting with interest that the French authorities organised a new repatriation operation on 16 September 2025, enabling the return of ten French children and three French women;
Noting with satisfaction that the examination of requests for the repatriation of French children is now subject to effective safeguards against arbitrariness, with developments in the case-law of the French administrative Courts establishing the existence of an independent review mechanism in line with the requirements set out by the Court;
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.