Resolution CM/ResDH(2014)102
Execution of the judgments of the European Court of Human Rights in
Two cases against Italy
Application No.
Case
Judgment of
Final on
36822/02
BRACCI
13/10/2005
15/02/2006
62094/00
MAJADALLAH
19/10/2006
26/03/2007
(Adopted by the Committee of Ministers on 9 July 2014
at the 1205th 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(2014)256F);
Noting with interest in particular the information indicating that following decision No. 113 of 4 April 2011 of the Constitutional Court, it is now possible in Italian law to reopen criminal proceedings when this is necessary in order to comply with the obligations stemming from Article 46, paragraph 1, of the Convention;
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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