Resolution CM/ResDH(2025)391
Execution of the judgment of the European Court of Human Rights
Sherov and Others against Poland
(Adopted by the Committee of Ministers on 4 December 2025
at the 1545th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
54029/17
SHEROV AND OTHERS
04/04/2024
04/07/2024
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 violations established on account of refusal to receive the applicants’ asylum applications and the collective expulsion of the applicants to Ukraine with a risk of refoulement to and ill-treatment in the country of origin, without an effective remedy with a suspensive effect (violations of Article 3, Article 4 of Protocol No. 4 and Article 13 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 plan provided by the government indicating the individual measures adopted to execute the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)1177);
Considering that the question of individual measures was resolved, given that refugee status was granted in Poland to Mr Jama Sherov and his family and the assurances provided by the authorities to the other applicants that should they decide to re-apply for international protection and present themselves at the Polish border checkpoint in the future, they will be treated in compliance with the requirements of the Court’s judgment in the Sherov and Others case;
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 M.K. and Others case also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the problem of non-acceptance of asylum applications and refusing entry to foreigners entering Poland from Belarus;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures in the case M.K. and Others;
DECIDES to close the examination of this case.