CASE OF ATAUN ROJO AGAINST SPAIN AND 3 OTHER CASES

Resolution CM/ResDH(2025)56 Execution of the judgments of the European Court of Human Rights Four cases against Spain   (Adopted by the Committee of Ministers on 2 April 2025 at the 1524th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 3344/13 ATAUN ROJO 07/10/2014 07/01/2015 58488/13 ARRATIBEL GARCIANDIA 05/05/2015 05/08/2015 36286/14 BEORTEGUI MARTINEZ 31/05/2016 31/08/2016 20690/17 GONZALEZ ETAYO 19/01/2021 19/01/2021   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 procedural violations of Article 3 of the Convention established on account of the lack of effective investigations into the applicants’ allegations that they had suffered ill-treatment, in 2008 and 2011, during arrest and while they were held incommunicado in police custody;   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 reports provided by the government indicating the measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2024)1227, DH-DD(2024)1451, DH-DD(2024)1461 and DH-DD(2024)1470);   Considering that the question of individual measures was resolved, given that the just satisfaction awarded by the Court was paid, where applicable, and that the competent authorities reopened the investigations ex officio to rectify the shortcomings highlighted by the Court in these judgments; regretting that in Ataún Rojo the statute of limitation precluded this course of action as ascertained by the public prosecutor;   Recalling that the question of general measures required to guarantee non-repetition of the violations of Article 3 were examined in the framework of the cases San Argimiro Isasa and Etxebarria Caballero v. Spain (CM/ResDH(2017)281);   Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and   DECIDES to close the examination thereof.