Final Resolution CM/ResDH(2016)277
Execution of the judgments of the European Court of Human Rights
Five cases against Malta
Application
Case
Judgment of
Final on
42337/12
SUSO MUSA
23/07/2013
09/12/2013
55352/12
ADEN AHMED
23/07/2013
09/12/2013
24340/08
LOULED MASSOUD
27/07/2010
27/10/2010
52160/13
MOXAMED ISMAACIIL AND ABDIRAHMAN WARSAME
12/01/2016
12/04/2016
10290/13
MAHAMED JAMA
26/11/2015
02/05/2016
(Adopted by the Committee of Ministers on 21 September 2016
at the 1265th 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 judgments transmitted by the Court to the Committee in these cases and to the violations 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 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 measures adopted in order to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2016)778);
Noting, as concerns individual measures, that all the applicants were released from detention whilst their applications were pending before the European Court and that the just satisfaction awarded by the Court has been paid;
Welcoming, as concerns the general measures, the comprehensive legislative and policy changes undertaken in this domain, putting an end to the automatic detention of asylum seekers and improving review proceedings and detention conditions;
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 these cases and
DECIDES to close the examination thereof.
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