Resolution CM/ResDH(2021)208
Execution of the judgment of the European Court of Human Rights
Molla against Albania
(Adopted by the Committee of Ministers on 7 October 2021
at the 1413th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
29680/07
MOLLA
08/12/2016
08/12/2016
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 violations established on account of the non-enforcement of a final domestic judgment (violations of Article 6, paragraph 1, and Article 1 of Protocol No. 1);
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 information provided by the government indicating the individual measures adopted to give effect to the judgment and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2021)196);
Considering that the question of individual measures was therefore resolved, given that the domestic judgment was enforced;
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 case Brahimaj v. Albania and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the non-enforcement of domestic judgments;
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 of this case.
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