Matteo De Longis

Il Comitato dei Ministri valuta l’implementazione delle sentenze CEDU nei paesi membri

I rappresentanti dei 47 stati membri del Consiglio d’Europa, nella sessione in programma tra il 7 ed il 9 giugno 2016, hanno esaminato lo status dell’implementazione delle sentenze della Corte Europea dei Diritti dell’Uomo.

Le decisioni e le risoluzioni adottate saranno poi pubblicate sul sito del Comitato dei Ministri.

Con specifico riferimento al nostro paese, saranno valutate le misure poste in essere a seguito della sentenza Di Sarno ed altri c. Italia, relativa all’emergenza rifiuti in Campania.

Di seguito, la lista completa dei casi selezionati per i lavori del Comitato:

 

Cases against Albania

Manushaqe Puto and others and Driza group (first judgments in the group final on 17/12/2012 and 02/06/2008): Non-enforcement of final domestic court and administrative decisions relating to the applicants’ right to restitution or compensation for property nationalised under the Communist regime.

Cases against Azerbaijan

– Ilgar Mammadov (judgment final on 13/10/2014): Arrest and pre-trial detention for reasons other than those permitted by Article 5, namely to punish the applicant for having criticised the government.

– Mahmudov and Agazade group (first judgment final on 18/03/2009): Violation of the right to freedom of expression, arbitrary application of the law on defamation.

Cases against Belgium

– L.B. group (first judgment final on 02/01/2013): Structural problem concerning the care of persons, like the applicants with mental health problems, who are kept in a prison environment due to, in particular, the lack of capacity to receive them in the external psychiatric system.

– Trabelsi (judgment final on 16/02/2015): Extradition, in 2013, of the applicant from Belgium to the United States, where he risks an irreducible life sentence. Failure to respect the Court’s interim measure indicating that Belgium should not extradite the applicant while the case was still pending.

Cases against Bulgaria

– Stanev group (first judgment final on 17/01/2012): Illegal placement in social care homes of persons suffering from mental disorders, lack of judicial review and lack of possibility to request compensation; impossibility to submit directly before a court a request for revocation of the partial guardianship; poor living conditions in social care homes and lack of effective remedy in this respect.

Yordanova and others (judgment final on 24/09/2012): Planned expulsion of persons of Roma[1][1]origin from an unlawful settlement in Sofia, where most of them had lived for decades with the authorities’ acquiescence, on the basis of legislation not requiring any proportionality review of the expulsion orders.

[1][1] The terms “Roma and Travellers” are being used at the Council of Europe to encompass the wide diversity of the groups covered by the work of the Council of Europe in this field: on the one hand a) Roma, Sinti/Manush, Calé, Kaale, Romanichals, Boyash/Rudari; b) Balkan Egyptians (Egyptians and Ashkali); c) Eastern groups (Dom, Lom and Abdal); and, on the other hand, groups such as Travellers, Yenish, and the populations designated under the administrative term “Gens du voyage”, as well as persons who identify themselves as Gypsies.

Cases against Croatia

Skendžić and Krznarić group (first judgment final on 20/04/2011): Lack of an effective and independent investigation into crimes committed during the Croatian Homeland War (1991-1995).

Case against the Czech Republic

D.H. and others (judgment final on 13/11/2007): Discrimination in the enjoyment of the applicants’ right to education due to their assignment between 1996 and 1999 to schools for children with special needs including those suffering from a mental or social handicap, on account of their Roma origin.

Cases against Georgia

Gharibashvili group (first judgment final on 29/10/2008): Lack of effective investigations into allegations of violations of the right to life or ill-treatment; excessive use of force by the police in the course of arrest and/or in custody.

Cases against Greece

Sampani and others group (first judgment final on 29/04/2013): Discrimination against Roma children in certain schools.

Case against Ireland

O’Keeffe (judgment final on 28/01/2014): Failure in the 1970s to protect the applicant from sexual abuse in a National School and lack of effective remedy.

Case against Italy

Di Sarno and others (judgment final on 10/04/2012): Prolonged inability of the Italian authorities to ensure waste collection, treatment and disposal in the region of Campania and absence of a remedy in this regard.

Case against Lithuania

– L. (judgment final on 31/03/2008): State’s failure to ensure respect for private life owing to the lack of implementing legislation to enable a transsexual person to undergo full gender reassignment surgery and change his official documents.

Cases against the Republic of Moldova

– Boicenco group (first judgment final on 11/10/2006): Cases mainly concerning violations of the applicants’ right of individual petition.

– Muşuc group, Guţu, Brega group and Leva (first judgment final on 06/02/2008): Cases mainly concerning arrest and detention without reasonable suspicion; failure to inform promptly about charges; insufficient compensation for illegal arrest.

– Taraburca group (first judgment final on 06/03/2012): Ill-treatment by the police in connection with violent demonstrations and ineffective investigation thereof; lack of effective civil remedies to claim compensation for the ill-treatment.

Cases against Poland

– Al Nashiri group (first judgment final on 15/09/2004): Violations related to secret rendition operations involving the applicants’ detention and ill-treatment in the respondent State and risks of flagrant denial of justice and the death penalty after their transfer to the USA.

Dzwonkowski group (first judgment final on 12/07/2007): Ill-treatment, and in one case a death, caused by the police between 1997 and 2002 and lack of effective investigation in this respect.

Cases against Portugal

Oliveira Modesto and others group (first judgment final on 08/09/2000): Excessive length of judicial proceedings.

Cases against Romania

– Anghelescu Barbu No. 1 group (first judgment final on 05/01/2005): Death or ill-treatment under the responsibility of law enforcement agencies; ineffective investigations and domestic remedies; racially-motivated ill-treatment of an applicant of Roma origin and/or failure of the authorities to investigate into such motives.

Nicolau group, Stoianova and Nedelcu group (first judgment final on 03/07/2006): Excessive length (of civil (Nicolau group) and criminal (Stoianova and Nedelcu group) proceedings and lack of an effective remedy.

Cases against the Russian Federation

Catan and others[2][2] (judgment final on 19/10/2012): Violation of the right to education of children and parents using Moldovan/Romanian language schools in the Transdniestrian region of the Republic of Moldova.

2 Case against the Republic of Moldova and the Russian Federation. The European Court found no violation in respect of the Republic of Moldova.

Khashiyev and Akayeva group (first judgment final on 06/07/2005): Group of cases concerning the action of the security forces, mostly in the Chechen Republic.

Klyakhin group (first judgment final on 06/06/2005): Detention without court decision; failure to inform applicants about the reasons for their arrests; lack of relevant and sufficient reasons for continued detention; problems with judicial review of detention orders and absence of an effective remedy against these violations.

Oao Neftyanaya Kompaniya Yukos (judgments final on 08/03/2012 and 15/12/2014): Violations concerning tax and enforcement proceedings brought against the applicant oil company, leading to its liquidation in 2007.

Case against Serbia and Slovenia

Ališić and others[3][3] (judgment final on 16/07/2014): Inability to recover “old” foreign-currency savings deposited in Bosnian-Herzegovinian branches of banks incorporated in Serbia and Slovenia, respectively.

3 Case against Bosnia and Herzegovina, Croatia, Serbia, Slovenia and “the former Yugoslav Republic of Macedonia” but the Court found violations only in respect of Serbia and Slovenia.

Cases against Serbia

EVT Company group (first judgment final on 21/09/2007): Non-enforcement of final court and administrative decisions, including against “socially-owned” companies.

Cases against Slovenia

Mandić and Jović group (first judgment final on 20/01/2012): Poor conditions of detention and lack of an effective remedy.

Cases against Turkey

Cyprus v. Turkey (judgments final on 10/05/2001 and 12/05/2014): 14 violations in relation to the situation in the northern part of Cyprus.

Oya Ataman group and Ataykaya (first judgment final on 05/03/2007): Violation of the right to freedom of assembly, ill treatment of applicants as a result of excessive force used during demonstrations; ineffectiveness of investigations in this respect.

Oyal group (first judgment final on 23/06/2010): Failure to protect the right to life on account of medical negligence or errors.

Sinan Işik (judgment final on 02/05/2010): Violation of the applicant’s freedom not to disclose his religion, in that he was under an obligation to disclose his beliefs as a result of the obligatory indication of religion on his identity card.

Varnava and others (judgment final on 18/09/2009): Lack of effective investigation into the fate of nine Greek Cypriots who disappeared during the military operations undertaken by Turkey in Cyprus in 1974.

Xenides-Arestis group (first judgment final on 22/03/2006): Continuous denial of access to property in the northern part of Cyprus.

Cases against Ukraine

Agrokompleks (judgments final on 08/03/2012 and 09/12/2013): Unfairness of commercial proceedings involving the applicant company and infringement of the right to peaceful enjoyment of its possessions.

East/West Alliance Limited (judgment final on 02/06/2014): Interference with the applicant company’s property rights resulting from the seizure, sale to third parties, disappearance or material damage to its property in the course of various proceedings brought against it by different authorities and lack of effective remedy in this respect.

Yuriy Nikolayevich Ivanov and Zhovner group (first judgment final on 29/09/2004): Non-enforcement of domestic court decisions against the State or State-owned enterprises.

Cases against the United Kingdom

McKerr group (first judgment final on 04/08/2001): Various shortcomings in the investigations into the action of the security forces in Northern Ireland in the 1980s and 1990s.

 

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