Resolution CM/ResDH(2016)150
Execution of the judgments of the European Court of Human Rights

Thirty six cases against Romania

(see Appendix for the list of cases)

(Adopted by the Committee of Ministers on 8 June 2016
at the 1259th meeting of the Ministers’ Deputies)

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 Articles 2, 3 and 13 of the Convention established on account of the abuse suffered by the applicants or their relatives at the hands of law-enforcement officials, the ineffectiveness of the criminal investigations and proceedings and the absence of an effective remedy as regards this abuse; having moreover regard to the violations of Article 14 taken together with Articles 3 and/or 13 established on account of the racially-motivated ill-treatment inflicted to an applicant of Roma origin[1] and/or the failure of the authorities to investigate such motives; finally having regard to the violations of Articles 6, paragraph 1, 8 and 34 found in the cases of Bursuc, Georgescu, Damian-Burueană and Damian, Iambor (No. 1) and Ianoş;

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 examined the information provided by the government as regards the individual measures in these cases (see DH-DD(2016)554 and DH-DD(2016)461) and noted, in the light of this information, that no individual measure is any longer possible or required in these cases; having moreover noted that the just satisfaction, where awarded, was paid by the government of the respondent State;

Noting with satisfaction the measures adopted by the Romanian authorities to prevent deaths and ill-treatment at the hands of law-enforcement officials, including the establishment of an appropriate legal framework as regards fundamental safeguards against ill-treatment and the efforts made to ensure that this framework is applied by the relevant authorities;

Welcoming in this respect the authorities’ commitment to continue improving this framework and ensuring its strict application in respect to any person deprived of liberty by law-enforcement agencies;

Welcoming the measures adopted to enhance the effectiveness of the criminal investigations conducted into allegations of ill-treatment by law-enforcement officials and noting the reinforced monitoring of their implementation by the General Prosecutor’s Office;

Noting also with interest the authorities’ commitment to ensure an adequate response by the relevant authorities to allegations of ill-treatment, in particular those motivated by racial prejudice, by taking into account the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the work of the Commissioner for Human Rights of the Council of Europe in this field;

Noting finally that the general measures required in response to the other violations of the Convention established in some of these cases are or were examined in the context of the groups of cases Vlad and Others and Bota (closed by Resolution CM/ResDH(2011)27) and of the cases of Varga (closed by Resolution CM/ResDH(2011)23) and Gagiu (closed by Resolution CM/ResDH(2015)93);

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

DECIDES to close the examination thereof.

Appendix – list of cases

Application No.	Case	Jugement of	Final on
46430/99	BARBU ANGHELESCU No. 1	05/10/2004	05/01/2005
10778/02	NIŢĂ	04/11/2008	06/04/2009
11014/05	SERBAN	10/01/2012	10/04/2012
12717/09	FLĂMÎNZEANU (No. 2)	04/11/2014	04/02/2015
13524/05	PETRUŞ IACOB	04/12/2012	04/03/2013
14526/03	LUPAŞCU	04/11/2008	04/02/2009
1454/09	DOICIU	05/05/2015	05/08/2015
2040/12	CHINEZ	17/03/2015	17/06/2015
24857/03	ROSCA ANTON CATALIN	15/02/2011	15/05/2011
25230/03	GEORGESCU	13/05/2008	13/08/2008
25783/03	ANDREŞAN	30/10/2012	30/01/2013
33038/04	STOIAN	08/07/2014	08/10/2014
3626/10	BIRGEAN	14/01/2014	14/04/2014
37554/06	ROSIORU	10/01/2012	10/04/2012
37971/02	RUPA No. 2	19/07/2011	19/10/2011
40549/11	POEDE	15/09/2015	15/12/2015
41775/06	ŞERCĂU	05/06/2012	05/09/2012
42066/98	BURSUC	12/10/2004	12/01/2005
42722/02	STOICA	04/03/2008	04/06/2008
43247/02	MELINTE	09/11/2006	09/02/2007
4390/03	GHIGA CHIUJDEA	05/10/2010	05/01/2011
45661/99	CARABULEA	13/07/2010	13/10/2010
47615/11	VEREŞ	24/03/2015	24/06/2015
48254/99	COBZARU	26/07/2007	26/10/2007
49234/99	DUMITRU POPESCU No. 1	26/04/2007	26/07/2007
49608/08	ARCHIP	27/09/2011	27/12/2011
54247/07	GHIŢĂ	23/10/2012	23/01/2013
57365/12	ANTON	19/05/2015	19/08/2015
57467/10	SAMACHIȘĂ	16/07/2015	16/10/2015
64536/01	IAMBOR No. 1	24/06/2008	24/09/2008
65804/09	ANDRIŞCĂ	03/02/2015	03/05/2015
6773/02	DAMIAN-BURUEANĂ AND DAMIAN	26/05/2009	26/08/2009
69582/12	MICLEA	13/10/2015	13/01/2016
70555/10	ION BĂLĂŞOIU	17/02/2015	17/05/2015
71090/01	OLTEANU	14/04/2009	14/07/2009
8258/05	IANOS	12/07/2011	12/10/2011