Resolution CM/ResDH(2026)123
Execution of the judgment of the European Court of Human Rights
Aftanache against Romania
(Adopted by the Committee of Ministers on 17 June 2026
at the 1564th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
999/19
aftanache
26/05/2020
26/08/2020
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 judgment transmitted by the Court to the Committee in this case and to the violations of Article 2 and Article 5 § 1 of the Convention established on account of the lack of proper investigations into refusal by medical personnel to administer proper treatment to a diabetic in precarious condition; arbitrary and unlawful six-hour involuntary placement in psychiatric hospital;
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 examined the action report provided by the government indicating the individual measures adopted to execute the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2026)443);
Considering that the question of individual measures was resolved, given that following the reopening of the criminal investigation, additional evidence was examined, and, by the prosecutor’s order, no criminal liability was established in respect of the persons complained of by the applicant; noting that this decision became final as it was not contested by the applicant;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Cristian Teodorescu v. Romania (Appl. No. 22883/05) group of cases and of the Mihu v. Romania (Appl. No. 36903/13) group of cases also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the involuntary placement in psychiatric hospital and the effectiveness of the investigation concerning the administration of medical treatment;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the question of individual measures has been resolved;
DECIDES to continue to supervise the adoption of the necessary general measures concerning the involuntary placement in psychiatric hospital and the effectiveness of the investigation in relation to the administration of medical treatment within the framework of the Cristian Teodorescu v. Romania (Appl. No. 22883/05) group of cases and of the Mihu v. Romania (Appl. No. 36903/13) group of cases;
DECIDES to close the examination of this case.