|
MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2021)1419/H46-27 |
2 December 2021 |
|
1419th meeting, 30 November – 2 December 2021 (DH)
H46-27 M.C. and A.C. v. Romania (Application No. 12060/12) Supervision of the execution of the European Court’s judgments
Reference document |
Decisions
The Deputies
1. recalled that this case concerns the authorities’ failure to carry out an effective investigation into a verbal and physical attack which was allegedly motivated by homophobia;
2. expressed their satisfaction at the authorities’ ongoing efforts to ensure that officials in all parts of the justice system give full effect to the criminal law protection against hate crime and hate speech, through effective investigations and proceedings; in this context, noted with great interest and expressed their full support to the promising synergies established by the authorities with civil society actors, the National Council for Combatting Discrimination and the specialised units of the Council of Europe’s Secretariat;
3. considered however that, to enable the Committee to assess fully the ongoing action to guarantee non-repetition of the violation and well as the prospects for rapid progress towards effective protection of individuals against hate crime and hate speech, including that motivated by homophobia, further information is required on the scope and content of the institutional, practical and capacity building measures put forward and the timeframe foreseen for their implementation;
4. recalling also their concerns that deficiencies in the criminal law provisions punishing incitement to hatred or discrimination may hinder the proper classification and prosecution of such offences, and noting that these concerns have been more recently shared by the Constitutional Court, requested the authorities to indicate how and according to what timetable they intend addressing them;
5. firmly called upon the authorities to complete rapidly their plans to upgrade the existing relevant data collection system and invited them to continue to monitor closely the impact of their action to ensure an effective criminal law response to hate-motivated crime, including to assess the need for any additional or corrective action which might be required to guarantee non-repetition of the violation;
6. underlining the crucial importance of rapidly advancing the execution process, ongoing for more than five years, requested the authorities to provide, by 31 March 2022 at the latest, information on all the outstanding questions.