European Court of Human Rights

Resolution CM/ResDH(2011)211¹

Execution of the judgments of the European Court of Human Rights

Mouisel and Henaf against France

(Application No. 67263/01, judgment of 14 November 2002, final on 21 May 2003;

Application No. 65436/07, judgment of 27 November 2003, final on 27 February 2004

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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern inhuman and /or degrading treatment of sick prisoners in 2000-2001 which arose, in the Mouisel case, from the fact that the applicant had been kept in detention despite his state of health and, in both cases, from the applicants’ subjection to disproportionate security measures (violations of Article 3);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, in the Mouisel case, the respondent state paid the applicant the just satisfaction provided in the judgment,

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

• individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

• general measures preventing similar violations;

Recalling that on 15 October 2004 (Mouisel case) and 26 October 2005 (Henaf case), on the basis of the measures presented at these respective dates by the French authorities, the Committee of Ministers decided to end its supervision of execution of these two cases;

DECLARES, according to its above-mentioned decisions of 15 October 2004 and 26 October 2005, that it has exercised its functions under Article 46, paragraph 2, of the Convention in the cases of Mouisel and Henaf and

DECIDES to close the examination of these cases.