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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-20 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH)
H46-20 Tonello (Shaw group) v. Hungary (Application No. 46524/14) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalled that these cases concern violations of the applicants’ right to respect for their family life on account of the authorities’ failure to effectively address the issues arising from their children’s wrongful removal by the applicants’ former spouse or partner (international child abductions);
As regards urgent individual measures in Tonello
2. expressed continuing concern that the child’s whereabouts in Tonello remain unknown 13 years after her wrongful removal, given in particular the assumption that she has never attended school; noted with satisfaction however, the continued extensive search measures and investigative actions which appear to be assigned to the highest police authorities possible and, underlining that locating the child remains of primary importance, encouraged them to maintain these efforts;
As regards individual measures in the other cases
3. considering that no further individual measures are required in the Shaw, Edina Tóth and Vassallo cases as the just satisfaction was paid and the children in question were either reunited with the applicant parent or reached the age of majority, decided to end the supervision of the individual measures in the Shaw case (the leading case), and to close the supervision of the repetitive cases of Edina Tóth and Vassallo in this group of cases by adopting Final ResolutionCM/ResDH(2024)333;
As regards general measures
4. noted with satisfaction the positive trends regarding the length of international child abduction-related domestic proceedings resulting from the adoption of Act LXII of 2021 on International Judicial Cooperation in Matrimonial Matters; stressed that the consolidation of these trends remains of paramount importance and invited the authorities to continue to provide updated statistical information, including not only on the number and length of first-instance proceedings but also on the outcome of these cases and their possible appellate phase;
5. underlining nevertheless that the central issue repeatedly identified by the Court in this group relates to the lack of adequate and effective efforts to enforce domestic courts’ reunification and return orders which also implies the need for changes in practice, urged the authorities to provide information on the measures taken or envisaged in this respect;
6. urged further the authorities to take targeted measures in order to enhance cooperation with foreign authorities in international child abduction cases, including training and awareness raising for law enforcement officials, prosecutors, and judges, drawing also on Council of Europe expertise and training courses such as the relevant HELP (Human Rights Education for Legal Professionals) courses;
7. invited the authorities to submit a comprehensive updated action plan, including information on all the above issues as soon as possible and no later than the end of September 2025.