Resolution CM/ResDH(2013)96
N. against Sweden
Execution of the judgment of the European Court of Human Rights
(Application No. 23505/09, judgment of 20/07/2010, final on 20/10/2010)
(Adopted by the Committee of Ministers on 29 May 2013 at the 1171st 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 judgment transmitted by the Court to the Committee in the above case and to the violation 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 is 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 its above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment and noting that no just satisfaction was awarded by the Court in the present case (see document DH-DD(2013)393);
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.
Action report concerning the judgment in the case of N. v. Sweden
(Application No. 23505/09)
1. The European Court of Human Rights delivered a judgment in the above-mentioned case on 20 July 2010. The Court held that the applicant’s deportation to Afghanistan would be in violation of Article 3 of the Convention. The Court decided to dismiss the applicant’s claim for non-pecuniary damage. The judgment became final on 20 October 2010.
2. The following measures have been taken as a consequence of the judgment.
Individual measures
3. On 1 December 2010, the Swedish Migration Board decided to grant the applicant a permanent residence permit in Sweden under Chapter 12, Section 18 of the Swedish Aliens Act (2005:716). As a result of the decision, the expulsion order against the applicant ceased to apply. A copy of the decision is enclosed as Appendix I.
General measures
4. The judgment of the Court has been published and disseminated. A report dated 27 December 2010 containing a summary of the judgment in Swedish, with a copy of the judgment attached, has been sent to the relevant domestic courts and authorities, including those directly involved in the case. A summary of the judgment in Swedish has been published on the Swedish National Courts Administration’s website (see Nytt fran Europadomstolen 8, 2010). The judgment in English and a summary of it in Swedish have been published on the government’s human rights website .
5. In conclusion, the government considers that the measures adopted have remedied the consequences for the applicant of the potential violation of the Convention found by the Court in this case, that these measures will prevent new, similar violations and that Sweden has thus complied with its obligations under Article 46 § 1 of the Convention. The government therefore looks forward to receiving the Committee’s decision to close the examination of this case.
Full & Egal Universal Law Academy