MINISTERS’ DEPUTIES

Resolutions

CM/ResDH(2023)265

21 September 2023

Resolution CM/ResDH(2023)265 Execution of the judgment of the European Court of Human Rights Vilotijević against Serbia (Adopted by the Committee of Ministers on 21 September 2023 at the 1475th meeting of the Ministers' Deputies)

 

 

Application No.	Case	Judgment of	Final on
26042/06	VILOTIJEVIĆ	10/12/2013	10/12/2013

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 on account of the excessive length of judicial proceedings;

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 plan provided by the government indicating the individual measures adopted in order to give effect to the judgment and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2023)874);

Considering that the question of individual measures was resolved, given that the domestic proceedings have been terminated;

Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Jevremović group of cases (Application No. 3150/05), also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the excessive length of judicial proceedings and an effective domestic remedy;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning the excessive length of judicial proceedings and an effective domestic remedyin the Jevremović group of cases;

DECIDES to close the examination of this case.