Resolution CM/ResDH(2025)26
Execution of the judgments of the European Court of Human Rights
Two cases against Italy
 
(Adopted by the Committee of Ministers on 6 March 2025
at the 1521st meeting of the Ministers’ Deputies)
 
Application No.
Case
Judgment of
Final on
53377/13
STRUMIA
23/06/2016
23/09/2016
24984/20
IMERI
28/04/2022
28/04/2022
 
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 of Article 8 established on account of the domestic court’s failure to make adequate and sufficient efforts to ensure that the applicants could exercise their visiting rights with respect to their daughters;
 
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 individual and general measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)823);
 
Considering that the question of individual measures was resolved, given that the just satisfaction awarded by the Court for non-pecuniary damage was paid, the contacts between the applicants and their daughters have been re-established and in one of the cases the applicant’s daughter became of age;
 
Noting the remedial actions adopted and envisaged in response to the shortcomings found by the Court in these judgments; recalling that the question of general measures continues to be examined also in the light of the Court’s findings in these cases, within the framework of the Terna v. Italy group of cases (Application No. 21052/18);
 
Noting 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 within the Terna group of cases;
 
DECIDES to close the examination of these cases.