Resolution CM/ResDH(2022)253
Execution of the judgment of the European Court of Human Rights
Paksas against Lithuania
(Adopted by the Committee of Ministers on 22 September 2022
at the 1443rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
34932/04
PAKSAS
06/01/2011
Grand Chamber
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 violation of the applicant’s right to free elections on account of the permanent and irreversible nature of his disqualification from standing for elections to Parliament as a result of his removal from presidential office following impeachment proceedings conducted against him (violation of Article 3 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 action report provided by the government indicating the measures adopted in order 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(2022)688);
Taking note of the various efforts undertaken by the authorities, in particular the Parliament, to implement this judgment since 2011;
Noting with satisfaction that the necessary individual and general measures were taken, since the Lithuanian Constitution was amended to ensure that any person removed from office or whose mandate as a member of the Seimas has been revoked through impeachment proceedings will not be subjected to a “permanent and irreversible” ban from standing for parliamentary elections but will be able to stand for elections to the Seimas after a period of “at least ten years”; and that accordingly, the applicant now has the right to request his registration and to stand as a candidate in future parliamentary elections.
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.