MINISTERS’ DEPUTIES

Resolutions

CM/ResDH(2021)332

2 December 2021

Resolution CM/ResDH(2021)332 Execution of the judgments of the European Court of Human Rights Six cases against Romania (Adopted by the Committee of Ministers on 2 December 2021 at the 1419th meeting of the Ministers' Deputies)

 

 

Application No.	Case	Judgment of	Final on
19548/04	COJOACĂ	26/11/2013	26/02/2014
28686/04	AKBAR	05/04/2011	05/04/2011
35049/08	SERCE	30/06/2015	30/09/2015
16986/12	ALEXANDRU ENACHE	03/10/2017	03/01/2018
80529/13	EZE	21/06/2016	21/09/2016
73352/14	BUȘCU	20/04/2021	20/04/2021

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 judgments transmitted by the Court to the Committee in these cases and to the violations of Article 3 of the Convention established due to overcrowding and poor material conditions in prisons;

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 noted the information provided regarding the applicants’ situation and that regarding the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures was resolved, given that the applicants have ceased serving their prison sentence and that the just satisfaction was paid to them;

Recalling that the question of the general measures required to guarantee non-repetition of the violations found continues to be examined within the framework of the Bragadireanu v. Romania group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.