Resolution CM/ResDH(2010)138[1]
Execution of the judgment of the European Court of Human Rights
Hilal against the United Kingdom
(Application No. 45276/99, judgment of 6/03/2001, final on 6/06/2001)
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 judgment in this case, transmitted by the Court to the Committee once it had become final;
Recalling that the Court found in this case a serious risk for applicant of being subjected to torture or inhuman and degrading treatment in case of deportation to Tanzania (violation of article 3 of the Convention in case of deportation) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix) and considering the decision taken at the 803rd meeting of the Ministers’ Deputies (31 July 2002), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2010)138
Information about the measures to comply with the judgment in the case of
Hilal against the United Kingdom
Introductory case summary
The case concerns the serious risk for the applicant, a Tanzanian national, and a member of the opposition party in Zanzibar, of being subjected to torture or to inhuman or degrading treatment if he were to be deported to Tanzania, following the dismissal of his asylum application in 1995, which became final in 1998 (violation of Article 3 of the Convention in case of deportation).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Costs and expenses
Total
12 583.87 GBP + VAT less 5 100 FRF
(to be converted into GBP at the exchange rate applicable at 6/03/2001)
12 091.73 GBP
Paid on 4/05/2001
b) Individual measures
The European Court considered that the finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage suffered.
Furthermore, the applicant has been granted “indefinite leave” to stay in the United Kingdom, as well as his wife, who joined him in February 1999.
Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
A number of measures have been taken, after the facts at the origin of this case, in the framework of the execution of the Chahal judgment of 15/11/1996 (see Resolution ResDH(2001)119). In addition to these measures, the judgment of the European Court in the Hilal case was published at (2001)2 EHRR and circulated within the Home Office as a Country Information and Policy Unit Bulletin to all case-workers within the Immigration and Nationality Directorate, so that they will be aware of it and able to take it into account in their work.
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that the United Kingdom has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 15 September 2010 at the 1092nd meeting of the Ministers’ Deputies
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