Resolution ResDH(2005)115
concerning the judgment of the European Court of Human Rights
of 8 November 2002 (Friendly settlement)
in the case of Sulejmanovic and others and Sejdovic and Sulejmanovic against Italy
(Adopted by the Committee of Ministers on 14 December 2005
at the 948th 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 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Sulejmanovic & others and Sejdovic & Sulejmanovic case delivered on 8 November 2002 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in two applications (Nos. 57574/00 & 57575/00) against Italy, lodged with the European Court of Human Rights on 16 and 18 May 2000 by six nationals of the former Yugoslavia, and that the Court declared admissible the applicants' complaints, under Articles 3, 8 and 13 of the Convention and under Article 4 of Protocol No. 4 to the Convention, relating to the conditions of their expulsion to Bosnia and Herzegovina in March 2000;
Whereas in its judgment of 8 November 2002 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 Italy would:
1) revoke the deportation orders in respect of the applicants;
2) permit them to enter Italy with their families;
3) issue them with residence permits on humanitarian grounds, valid for one year and renewable, allowing them to work and study in Italy;
4) provide them with temporary accommodation, in association with the Rome local authorities, pending the finding of long-term accommodation in an equipped camp and to keep them informed of any development on the subject;
5) arrange with the competent authorities for the children of school age to attend school and be helped to make up for the school years lost after their expulsion to Bosnia and Herzegovina;
6) arrange with the competent authorities for a sick child to receive necessary medical attention in the framework of the public health system;
7) pay the following sums to the following beneficiaries:
to Paso Sulejmanovic € 7 746,90
to Hadzira Sulejmanovic € 7 746,90
to Vedrana Sulejmanovic € 7 746,90
to Vahida Sulejmanovic € 7 746,90
to Scefkjia Sulejmanovic € 7 746,90
to Elvedin Sulejmanovic € 7 746,90
to Aziz Sulejmanovic € 7 746,90
to Lubinka Sulejmanovic € 7 746,90
to Vahid Sulejmanovic € 7 746,90
to Alisa Sulejmanovic € 45 090,10
to Nenad Sulejmanovic € 7 746,90
to Halida Salkanovic € 7 746,90
to Fatima Sejdovic € 7 746,90
to Izet Sulejmanovic € 7 746,90
to Stiv Sejdovic € 7 746,90
to Brenda Sejdovic € 7 746,90
to the lawyer, Mr Nicolò Paoletti, the sum of € 2 656,31 (sum to be paid tax free and inclusive of VAT and CPA) as compensation for the cost and expenses incurred in the proceedings before the Court;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking out of a case which has been declared admissible 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, friendly settlement 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 the government of the respondent state had paid the applicants the sums provided in the friendly settlement and complied with the specific undertakings subscribed to (see details in appendix);
Having noted the applicants' complaints concerning the effective fulfilment of some of the undertakings given, but considering that these complaints go beyond the scope of the commitments explicitly undertaken by Italy in the friendly settlement and that the Court is competent to assess whether the present situation is compatible with the Convention, possibly on the basis of a new application,
Declares, after having examined the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention in respect of the specific commitments undertaken in this case.
Appendix to Resolution ResDH(2005)115
Information provided by the Government of Italy
during the examination of the Sulejmanovic and others and Sejdovic & Sulejmanovic case
By the Committee of Ministers
In accordance with the friendly settlement concluded before the European Court of Human Rights, Italy has taken the following measures:
1) The deportation orders were revoked on 18 October 2002 and the applicants' names removed from the “Schengen” database;
2) All the applicants re-entered Italy, their travel being paid by the Italian authorities who also accepted to extend the time-frame agreed in the friendly settlement for their return;
3) Residence permits in conformity with the terms of the friendly settlement have been given to all the applicants or put at their disposal;
4) One of the applicant families has been able to settle in an equipped site, together with their grandmother, from November 2002; accommodation in an equipped site was provided for the other applicant families in October 2003 and December 2004;
5) The children of school age are registered for school and remedial tutoring is provided to them on a daily basis by the social services;
6) The applicants have full access to the public health service and specific information has been provided to them on the special medical services available for their sick child;
7) All the sums agreed upon in the framework of the friendly settlement (for a total sum of 161293,60 €) have been paid respectively on 10 February, 17 March and 12 November 2003.
In the view of the foregoing, the Government considers that Italy has complied with the terms of the friendly settlement concluded in the present case before the European Court of Human Rights.
Full & Egal Universal Law Academy