CASE OF A.F. AGAINST GREECE AND 16 OTHER CASES

Resolution CM/ResDH(2019)154
Execution of the judgments of the European Court of Human Rights
17 cases against Greece
 
(Adopted by the Committee of Ministers on 6 June 2019 at the 1348th meeting of the Ministers' Deputies)
 
 Application
Cases
Judgment of
Final on
53709/11
A.F.
13/06/2013
07/10/2013
53608/11
B.M.
19/12/2013
19/03/2014
58164/10
BYGYLASHVILI
25/09/2012
25/12/2012
22910/10
CHKHARTISHVILI
02/05/2013
02/08/2013
2134/12+
DE LOS SANTOS AND DE LA CRUZ
26/06/2014
26/09/2014
78456/11
F.H.
31/07/2014
31/10/2014
70427/11
HORSHILL
01/08/2013
01/11/2013
32927/03
KAJA
27/07/2006
27/10/2006
26452/11
TATISHVILI
31/07/2014
31/10/2014
63542/11
AL.K.
11/12/2014
11/03/2015
63493/11
H.H.
09/10/2014
09/01/2015
76951/12
CHAZARYAN AND OTHERS
16/07/2015
16/07/2015
58399/11
A.Y.
05/11/2015
05/02/2016
7811/15
TENKO
21/07/2016
21/07/2016
46558/12
S.G.
18/05/2017
18/05/2017
36657/11
BARJAMAJ
02/05/2013
02/08/2013
71825/11
HOUSEIN
24/10/2013
24/01/2014
 
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 on account a) of the conditions of detention of the applicants in various detention facilities (such as police stations, premises of authorities in charge of immigration or foreign nationals, border posts or the special holding facility at the Athens International Airport) (violations of Article 3), b) of the living conditions of the applicants in Greece, resulting from the authorities’ inaction in respect of the situation in which they found themselves: living on the street, without access to sanitary facilities and without means of providing for their essential needs (violations of Article 3), c) of the applicants’ right to an effective remedy against expulsion, due to deficiencies in the examination of the applicants’ asylum applications, notably lack of thorough and timely examination of the merits of asylum applications, and the risks incurred in case of expulsion to countries of origin (violations of Article 13 taken in conjunction with Article 3);
 
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 information provided by the government indicating the measures adopted 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(2019)372);
 
Recalling that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures required to resolve the problems related to a) the conditions of detention of the applicants in various detention facilities, b) the living conditions of the applicants in Greece and c) the applicants’ right to an effective remedy against expulsion, these measures being examined in the context of the M.S.S and Rahimi group of cases;
 
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 as regards the individual measures and
 
DECIDES to close the examination thereof.

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