Resolution CM/ResDH(2019)250
Execution of the judgment of the European Court of Human Rights
Kahadawa Arachchige and others against Cyprus
(Adopted by the Committee of Ministers on 16 October 2019 at the 1357th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
16870/11+
KAHADAWA ARACHCHIGE AND OTHERS
19/06/2018
03/12/2018
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 an effective and speedy remedy for the applicants to challenge the lawfulness of their detention (violation of Article 5, paragraph 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 to give effect to the judgment and noting that no award of just satisfaction was made by the Court in this case (see document DH-DD(2019)752);
Considering that the question of individual measures was resolved, given that the applicants have been released from detention;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the M.A. case and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures needed;
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 as regards the individual measures and
DECIDES to close the examination thereof.
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