Resolution ResDH(2001)77
concerning the judgment of the European Court of Human Rights
of date 9 January 2001
in the case of Sahli against Belgium
(Adopted by the Committee of Ministers on 26 June 2001
at the 757th 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Sahli case delivered on 9 January 2001 and transmitted to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 38707/97) against Belgium, lodged with the European Commission of Human Rights on 23 October 1997 under former Article 25 of the Convention by Mr Mohammed Sahli, an Algerian national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the expulsion measure taken against the applicant would be contrary to Articles 3 and 8 of the Convention;
Whereas in its judgment of 9 January 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, 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 the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Belgium would withdraw the impugned decision (royal expulsion order of 21 October 1994) within three months as from the notification of the Court’s judgment, and that a residence permit (i.e. identity card for foreigners) for 5 years automatically renewable would be delivered to the applicant;
Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state has taken the measures, in favour of the applicant which it undertook to adopt in the framework of the friendly settlement (see the appendix to the resolution),
Declares, after having taken note of the information supplied by the Government of Belgium, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
Appendix to Resolution ResDH(2001)77
Information provided by the Government of Belgium
during the examination of the Sahli case
by the Committee of Ministers
On 17 September 2000, the Minister of Interior issued a royal order withdrawing the royal expulsion order against Mr Sahli. A new identity card for foreigners for 5 years, renewable automatically has been delivered to the applicant. Moreover the applicant has been re-registered on the population register of Schaarbeek, the town where he lives.
The Government of Belgium considers accordingly that it has fulfiled the undertakings agreed to in the friendly settlement.
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