Resolution CM/ResDH(2021)345
Execution of the judgment of the European Court of Human Rights
Salihić against Bosnia and Herzegovina
(Adopted by the Committee of Ministers on 8 December 2021
at the 1420th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
6056/14
SALIHIĆ
06/02/2018
06/02/2018
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 liberty and security on account of his unlawful placement in a social care home, where he was detained without a decision of the competent civil court (violation of Article 5, paragraph 1, of the Convention);
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 individual measures adopted to give effect to the judgment, and noting that no award of just satisfaction was made by the Court in this case (see document DH-DD(2021)1268);
Considering that the question of individual measures in this case was resolved given that the applicant’s detention was reviewed by the domestic court and the applicant was released;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Hadžimejlić group of cases and that the closure of this case in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES 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.