Resolution CM/ResDH(2012)183[1]
Mohd and John against Greece
Execution of the judgments of the European Court of Human Rights
(Applications No. 11919/03 and 199/05, judgments of 27 April 2006 and of 10 May 2007,
final on 27 July 2006 and on 10 August 2007)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violation of the Convention found by the Court in these cases concerns the unlawful detention of the applicants pending administrative expulsion (violation of article 5, paragraph 1 f) (see details in Appendix);
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent State paid the applicants just satisfaction, where provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent State, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent State (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2012)183
Information on the measures taken to comply with the judgments in the cases of Mohd and John against Greece
Introductory case summary
The cases concern the applicants’ unlawful detention in the Mohd case in the absence of an official deportation order. In addition, in the John case the applicant’s detention had been extended after the maximum period provided by law had elapsed. Both applicants had been detained pending administrative expulsion (violation of Article 5§1(f)).
I.Payment of just satisfaction and individual measures
a)Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
JOHN
5 000 EUR
5 000 EUR
Paid on 06/11/2007
b)Individual measures
Mohd case: In 2003 the Council of State quashed the applicant’s administrative expulsion order. He requested no just satisfaction from the European Court, having reserved his right to do so under domestic law (§27 of judgment).
John case: The applicant was expelled from Greece to Nigeria (his country of origin) on 20/06/2004 (§17 of the judgment).The European Court awarded just satisfaction in respect of non pecuniary damage
Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
The European Court’s judgments, translated into Greek, were transmitted to the Ministry of Justice and were further disseminated through the President and the General Commissioner of the Council of State to all authorities concerned
The authorities indicated that following the Court’s judgments, the national legislation (the Aliens Law) was amended several times, in line with the Court’s findings. In particular: (a) conditions under which aliens irregularly entering the country could be detained, pending administrative expulsion, as well as the maximum period of detention, were clearly defined in the law; (b) remedies allowing to contest expulsion orders or decisions ordering detention were introduced; (c) aliens detained pending expulsion will be allowed to be informed of the reasons of their detention in a language they understand; (d) procedures for access to a lawyer were facilitated (e) when for reasons of force majeure expulsion is not possible, the expulsion and detention will be suspended; (f) it will not be possible to extend detention when maximum period of detention elapses.
In addition, circulars were published by the Ministry of Public Order, highlightening the changes introduced by the amended law and focusing on the procedure to be followed regarding decisions for expulsion, the remedies provided against the latter, as well as the decision for detention and the cases when expulsion is prohibited.
Domestic courts’ case-law and administrative practice were aligned with Convention requirements following these amendments. Consequently no similar complaints of illegal detention have ever been reported/ recorded following these cases. Therefore, the shortcomings identified in the instant cases were remedied.
However, the new national legislative framework, as amended further to these judgments, was also found to be in violation of the Convention (group S.D.) on different grounds (unlawful detention with a view to expulsion since the applicant, as asylum seeker, could not be deported). The general measures in this respect are considered under the group S.D.
III.Conclusions of the respondent State
The government considers that no individual measures are required, apart from the payment of the just satisfaction and that the Greece has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 6 December 2012 at the 1157th Meeting of the Ministers’ Deputies.
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