Resolution CM/ResDH(2013)75
R.C. against Sweden
Execution of the judgment of the European Court of Human Rights
(Application No. 41827/07, judgment of 09/03/2010, final on 03/06/2010)
(Adopted by the Committee of Ministers on 30 April 2013
at the 1169th 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 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 including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2012)201E);
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 R.C. v. Sweden
(Application No. 41827/07)
1. The European Court of Human Rights delivered a judgment in the above-mentioned case on 9 March 2010. The Court held that an enforcement of the expulsion order against the applicant would violate Article 3 of the Convention and that Sweden was to pay the applicant EUR 1 705 in respect of costs and expenses (including VAT). Sweden was also to pay any tax that may be chargeable to the applicant. The amount was to be converted into Swedish kronor (SEK) at the rate applicable at the date of settlement. Payment was to be made within three months from the date on which the judgment became final in accordance with Article 44 § 2 of the Convention. The judgment became final on 9 June 2010.
2. The following measures have been taken as a result of the judgment.
Individual measures
3. On 2 July 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 seized to apply. A copy of the decision is enclosed as Appendix I.
4. On 1 July 2010, the government decided that payment should be made in the amount of EUR 1 705 to the applicant’s counsel, Mr Jonas Wiklund. According to a power of attorney signed by the applicant on 11 June 2010, Mr Wiklund was authorised to receive the payment in respect of costs and expenses awarded to the applicant by the Court’s judgment. On 7 July 2010 the amount of EUR 1 705 was converted into Swedish kronor (at a rate of 9.61273). A payment of SEK 16 389.70 was recorded on 13 July 2010 and on 19 July 2010 at the latest the amount was paid into to an account referred to by Mr Wiklund.
General measures
5. The judgment of the Court has been published and disseminated. A report dated 7 September 2010 containing a summary of the judgment in Swedish has been sent to relevant domestic courts and authorities, including those directly involved in the case, with a copy of the judgment attached. The judgment in English and a summary of it in Swedish has also been published on the Swedish National Courts Administration’s website (see Nytt från Europadomstolen 2, 2010), and the government’s human rights website .
6. In conclusion, the government considers that the measures adopted have remedied the consequences for the applicant of the 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 the Committee’s decision to close the examination of this case.
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