CASE OF A.B. AND OTHERS AGAINST POLAND AND 3 OTHER CASES

Resolution CM/ResDH(2024)389 Execution of the judgments of the European Court of Human Rights Four cases against Poland   (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 15845/15+ A.B. AND OTHERS 04/06/2020 04/06/2020 23685/14 BILALOVA AND OTHERS 26/03/2020 26/07/2020 14743/17 NIKOGHOSYAN AND OTHERS 03/03/2022 03/06/2022 11247/18 R.M. AND OTHERS 09/02/2023 09/02/2023   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 of lengthy administrative detention of families with minors in the context of asylum procedures, which constituted a disproportionate interference in the applicants’ right to respect for family life (violations of Article 8);   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 individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2023)160 and DH-DD(2024)1357);   Considering that the question of individual measures was resolved, given that the applicants are no longer held in detention;   Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Bistieva and Others case also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;   CONCLUDES that the necessary individual measures have been adopted;   DECIDES to continue to supervise the adoption of the necessary general measures in the framework of the case of Bistieva and Others;   DECIDES to close the examination of these cases.