Final Resolution CM/ResDH(2016)278
Execution of the judgments of the European Court of Human Rights
Eight cases against Poland
Application No.
Case
Judgment of
Final on
23052/05
KAPRYKOWSKI
03/02/2009
03/05/2009
28300/06
SŁAWOMIR MUSIAŁ
20/01/2009
05/06/2009
44369/02
WENERSKI
20/01/2009
20/04/2009
48/03
ANDRZEJ WIERZBICKI
19/01/2010
19/04/2010
15952/09
ROKOSZ
27/04/2010
27/07/2010
2627/09
KUPCZAK
25/01/2011
20/06/2011
32798/02
MUSIAŁEK AND BACZYŃSKI
26/07/2011
26/10/2011
45705/07
D.G.
12/02/2013
12/05/2013
(Adopted by the Committee of Ministers on 21 September 2016
at the 1265th 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;
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(2016)790);
Noting that all the applicants have been released, except Mr Wenerski, who is held in conditions appropriate to his state of health;
Welcoming the measures taken to improve access to health care in prisons and remand centres, including regulation of access to health care outside prison, in particular for specialist services, imposition of higher standards for the quality and availability of equipment and health care in prison and extensive training and awareness-raising measures;
Noting further the preventive and compensatory remedies available to inmates detained in circumstances amounting to ill-treatment, including through lack of adequate health care;
Welcoming the authorities’ plans to monitor the situation and continue their reforms to improve access to health care and the functioning of the domestic remedies;
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 these cases and
DECIDES to close the examination thereof.
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