Resolution CM/ResDH(2013)236
Ncube against the United Kingdom
Execution of the decision of the European Court of Human Rights
Application No.
Case
Date of the decision
4428/12
NCUBE
04/12/2013
(Adopted by the Committee of Ministers on 20 November 2013
at the 1185th (Budget) meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 39, paragraph 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of friendly settlements as they appear in the decisions of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Considering that in this case the Court, having taken formal note of the friendly settlement reached by the government of the respondent State and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike this case from its list;
Having satisfied itself that the terms of the friendly settlement were executed by the government of the respondent State (see document DH-DD(2013)1015),
DECLARES that it has exercised its functions under Article 39, paragraph 4, of the Convention and
DECIDES to close its examination.
Execution of judgments of the European Court of Human Rights
Action report
Ncube v UK (Application No. 4428/12; decision final on 4/12/2012)
Information submitted by the United Kingdom Government on 19 September 2013
Case summary
The case concerned the applicant’s proposed expulsion from the United Kingdom to Zimbabwe. The applicant complained that his proposed expulsion would be a disproportionate interference with his right to private life under Article 8 of the Convention. On 4 December 2012, the case was struck out of the Court’s list of cases on the basis of a friendly settlement reached between the parties as follows:
“the United Kingdom Border Agency will grant Mr Ncube leave outside the rules to remain in the United Kingdom for a period of thirty months and the payment of £500 in full and final settlement of the applicant’s claim against the government before the Court”.
Individual measures
The sum of £500 agreed in the friendly settlement, has already been paid to the applicant and evidence previously supplied.
The applicant has been granted leave to remain in the United Kingdom under the Article 8 rules until 7 August 2015, at which time the applicant may seek an extension of his stay in the United Kingdom.
General measures
In light of the individual circumstances of the Court’s decision, the case does not require the adoption of any general measures.
State of execution of decision:
The government considers that it has taken all necessary measures required to execute the terms of the friendly settlement as set out in the Court’s decision.
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