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Execution of Court’s judgments
The execution of the Court’s judgments is governed by Article 46 of the European Convention on Human Rights. Execution is supervised by the Committee of Ministers of the Council of Europe.
In the context of its supervision, the Committee ensures, besides the payment of any just satisfaction awarded by the Court (under Article 41 of the Convention), that:
Individual measures are taken to erase, as far as possible, any remaining, uncompensated, consequence of the violation (e.g. through the reopening of unfair criminal proceedings, the destruction of information gathered in breach of the right to privacy, or the revocation of a deportation order issued despite a real risk of torture or other form of ill-treatment in the country of destination);
General measures are adopted and implemented so as to prevent new violations similar to that/ those found (e.g. legislative or other normative changes or changes of case law or practice). Particular importance is attached to the putting in place, wherever necessary, of effective domestic remedies.
The judgments of the Court may sometimes contain indications as to appropriate individual and general measures, but in most cases it is in the dialogue engaged between the respondent State and the Committee of Ministers that the necessary execution measures are identified.
In the course of its supervision, the Committee may adopt interim resolutions and other forms of decisions evaluating the progress made and, if appropriate, addressing relevant recommendations to the authorities. The Committee completes its examination of each case by a final resolution.
Interim and Final Resolutions are accessible through www.echr.coe.int on the HUDOC database. Decisions and other relevant execution information is available on the Internet site of the Committee of Ministers and/or of the Department for the Execution of judgments of the European Court. Since 2007, the Committee adopts an annual report on its activities under Article 46 of the Convention.