Resolution CM/ResDH(2024)205
Execution of the judgments of the European Court of Human Rights
Two cases against Portugal
(Adopted by the Committee of Ministers on 19 September 2024
at the 1507th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
42791/21
PADEIRINHA CARDOSO
30/11/2023
30/11/2023
15767/21
NIEUWOLT
30/11/2023
30/11/2023
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 of Article 3 and 13 of the Convention established on account of overcrowding, poor material conditions of detention and lack of an effective remedy in this regard;
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 these judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2024)214 and DH-DD(2024)215);
Considering that the question of individual measures was resolved, given that all the applicants have ceased serving their prison sentence, and that the just satisfaction awarded by the Court was paid;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Petrescu v. Portugal group of cases, also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of these measures ;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning overcrowding, poor material conditions and lack of effective remedies in this regard in the framework of the Petrescu group of cases;
DECIDES to close the examination of these cases.