Resolution CM/ResDH(2018)460
Execution of the judgment of the European Court of Human Rights
Trabelsi against Belgium
(Adopted by the Committee of Ministers on 6 December 2018 at the 1331st meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
140/10
TRABELSI
04/09/2014
16/02/2015
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 of Articles 3 and 34, in that the Belgian authorities, by extraditing the applicant to the United States, despite an interim measure of the Court, exposed him to the risk of being sentenced to an irreducible life sentence;
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 judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)975-rev2);
Noting with satisfaction that the authorities have taken all the measures that could be expected in order to avoid or reduce, as far as possible, the risk of an irreducible life sentence for the applicant, in view of the guarantees they obtained from the American authorities as well as their undertaking to intervene, at the appropriate time, on the question of the sentence;
Noting further with satisfaction the general measures taken to avoid similar findings of violations as well as the authorities’ reiterated commitment to respect the Court’s interim measures, while bearing in mind the exceptional character of the facts underlying the Court’s judgment;
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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