The Committee of Ministers of the Council of Europe has recently published its 10th annual report on its supervision of the execution of the judgments of the European Court of Human Rights (ECtHR).

The European Convention of Human Rights gives the Committee of Ministers the task of making sure that the judgments of the ECtHR are being executed.

This report takes into consideration not the ECtHR cases that are considered closed, but rather those that are considered executed by the Committee.

Supervision by the Committee of Ministers

In 2016, 2,066 cases were closed by the Committee of Ministers, and, for the first time since 2010, fewer than 10,000 cases are pending for execution.

All cases are inserted in different categories that entail a different supervision method depending on their urgency and importance. Cases that reveal a structural problem are usually referred to as "leading cases," while those that concern similar issues are referred to as "repetitive cases."

Enhanced supervision

Cases for enhanced supervision include all those that require urgent individual measures, or where the cause of the violation has been found by either the ECtHR or the Committee as a structural or complex problem. All pilot judgments and inter-state cases are automatically placed under enhanced supervision.

Standard supervision

The other cases are placed under standard supervision, although cases can also be transferred from enhanced supervision to standard supervision when the Committee thinks it necessary. The reverse procedure can also take place.

Challenges

The execution of ECtHR judgments may be delayed for different reasons. The Committee's report indicates the main challenges to the implementation of the judgments, such as the difficulties related to the adoption of different reforms to address structural problems.

These difficulties may arise when state institutions or political parties have different views on the required reforms. Another problem found by the Committee is the refusal of the state to pay just compensation or to adopt individual measures.

Italy's execution of judgments

The findings of the Committee on Italy's execution of ECtHR judgements are not very reassuring. Of the 9,941 cases that were pending in front of the Committee in 2016, 2,350 had to be executed by Italy.

That is the highest number among the member states. In fact, the only other three countries with over 1,000 judgements to implement are the Russian Federation (1,573), Turkey (1,430) and Ukraine (1,147).

More than half of the Italian cases pending in front of the Committee (1,725) regard the excessive length of proceedings before a civil court; these are followed by the excessive length of criminal proceedings (163 cases) and by 131 cases regarding “insufficient amounts and delays in the payment of compensation awarded in the context of a compensatory remedy available since 2001 to victims of excessively lengthy proceedings and excessive length of the proceedings brought in the context of this compensatory remedy” (the so-called Pinto law).

Furthermore, the famous Cestaro case is still under enhanced supervision, which registers a structural problem of "ill-treatment by police; inadequate criminal legislation to punish acts of torture and inhuman and degrading treatment."

The Committee is still waiting for a law against torture to be passed in order to consider this case closed.

Another interesting number is the amount Italy paid in 2016 for just satisfaction; in fact, Italy places, third after Turkey (more than 20 millions) and Albania (more than 18 millions), with more than 15 million euros awarded to applicants bringing cases against the state. In 2015, the sum was amount was barely above 4 million.

A not-so-closed case: overcrowding

Among the cases that have been considered as closed by the Committee of Ministers is the famous Torreggiani case, which dealt with "poor conditions of detention due to overcrowding in prison facilities."

The Committee notes that “to address the problem of overcrowded detention facilities, legislative measures were adopted with due consideration given to the CM’s Recommendations, to reduce prison entry flows and improve the access to community sanctions and measures” and that new tools in order to monitor constantly the overcrowding rates have been put in place.

Indeed, the rate of prison overcrowding is lower than those of 2013, when the judgment was issued; however, prison populations have been on the rise since 2015. In particular, in March 2017, more than 56,000 detainees were registered in prison facilities. According the Ministry of Justice, there are 50,211 available places in Italy's prisons; however, the National Guarantor of the Rights of People Deprived of their Liberty estimated the real availability at 45,509 places.

Even if for the Committee of Ministers this case is considered closed, it is not for us; in fact, we see every day that the issue is far from resolved. It is important that the Committee continues to monitor the situation in Italian prisons and to push the Italian authorities to keep working to improve it.