Resolution CM/ResDH(2015)96
Execution of the judgment of the European Court of Human Rights
Tarakhel against Switzerland
Application
Case
Judgment of
Final on
29217/12
TARAKHEL
04/11/2014
Grand Chamber
(Adopted by the Committee of Ministers on 11 June 2015
at the 1230th 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 judgment transmitted by the Court to the Committee in this case and to the violation 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 noted that in the present judgment, the Court held that there would be a violation of Article 3 if the applicants were to be returned to Italy without the Swiss authorities having first obtained individual guarantees from the Italian authorities that the applicants would be taken charge of in a manner adapted to the age of the children and that the family would be kept together;
Having examined the action report provided by the Government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2014)1451);
Having noted with satisfaction the immediate response of the Swiss authorities on both the individual as well as the general level, most notably the suspension of the enforcement of all returns of asylum-seeking families with minor children in a similar situation as the applicants to Italy and the subsequent practice of seeking detailed individual guarantees from their Italian counterparts for such families;
Having noted, as regards individual measures, that the Swiss authorities obtained the individual assurances required by the Court in the present judgment and that the applicants subsequently returned voluntarily to Italy;
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 this case and
DECIDES to close the examination thereof.
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