Resolution CM/ResDH(2012)25[1]
Execution of the judgment of the European Court of Human Rights
Paradysz against France
(Application No. 17020/05, judgment of 29 October 2009, final on 1 March 2010)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the excessive length of the applicant’s detention on remand (violation of article 5, paragraph 3);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the respondent state paid the applicant the just satisfaction provided in the judgment,
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Recalling that no individual measure was necessary, as the period of detention on remand at issue had terminated by the time the Court delivered its judgment;
Recalling that the general measures were already adopted in the framework of the cases of Muller (Final Resolution ResDH(2003)50) and Etcheveste and Bidart (Final Resolution CM/ResDH(2007)39);
DECLARES, having examined the measures taken by the respondent state, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
[1] Adopted by the Committee of Ministers on 8 March 2012 at the 1136th Meeting of the Ministers’ Deputies.
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