Resolution CM/ResDH(2025)426
Execution of the judgment of the European Court of Human Rights
B.A.C. against Greece
 
(Adopted by the Committee of Ministers on 10 December 2025
at the 1546th meeting of the Ministers’ Deputies)
 
Application No.
Case
Judgment of
Final on
11981/15
B.A.C.
13/10/2016
13/01/2017
 
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 the failure by the Greek authorities to decide on an asylum application lodged by the applicant for more than twelve years and the lack of an effective remedy to challenge the authorities’ omission;
 
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 communications provided by the government, indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2019)900 and DH-DD(2025)1190);
 
Noting that the applicant has not tried to renew his asylum seeker’s card since 2015, that during the examination on appeal of his asylum application in 2025, he did not appear in person for an interview as required, and that his application was therefore rejected as having been withdrawn; noting further that against any expulsion decision the applicant would have access to an appeal with suspensive effect, which would ensure that any expulsion could only be carried out after an assessment of the potential risk of ill-treatment in the country of return;
 
Recalling the significant reforms to the national asylum system since the facts of the case, as reflected in the Committee’s closure of the supervision of the case M.S.S. in CM/ResDH(2025)132 and noting in particular that asylum requests are now examined at first instance by a dedicated Asylum Service responsible for assessing each request within a reasonable timeframe, and that effective judicial review is available;
 
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 this case and
 
DECIDES to close the examination thereof.