Resolution CM/ResDH(2024)340
Execution of the judgment of the European Court of Human Rights
Prizreni against Albania
 
(Adopted by the Committee of Ministers on 11 December 2024
at the 1515th meeting of the Ministers’ Deputies)
 
Application No.
Case
Judgment of
Final on
29309/16
PRIZRENI
11/06/2019
11/09/2019
 
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 violations established on account of lack of effective investigation into the applicant’s brother’s death in a public hospital while serving a prison sentence and into the arguable claims that his brother had been ill-treated while detained, due to the absence of thorough investigation and the statutory impossibility for the applicant to challenge effectively the prosecutor’s decision not to institute criminal investigation (procedural violations of Articles 2 and 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 action report provided by the government, indicating the measures adopted to give effect to the judgment including the information provided regarding the introduction of legislative provisions allowing the next-to-kin to challenge refusals to open investigation, rules restricting the discretion of prosecutors to refuse the opening of criminal investigation in case of death and awareness-raising measures, as well as the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)1389);
 
Noting that the general measures required to prevent violations due to the lack of effective and thorough investigation of allegations of excessive use of force by State officials continue to be examined in the framework of the Nika v. Albania case and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required to prevent similar violations;
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
 
DECIDES to close the examination thereof.