Resolution CM/ResDH(2026)56
Execution of the judgment of the European Court of Human Rights
Ianușcovschi and Others against Romania
(Adopted by the Committee of Ministers on 8 April 2026
at the 1556th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
18357/14
IANUȘCOVSCHI AND OTHERS
30/07/2020
30/07/2020
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 violation of Article 3 of the Convention established on account of overcrowding and poor material conditions in detention;
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 and the information notes 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 documents DH-DD(2025)775;
DH-DD(2025)1256 and DH-DD(2025)852);
Having noted the information provided regarding the steps taken by the authorities to ensure the payment of the just satisfaction awarded by the Court in respect of the applicant Gheorghe DUMITRU (Application No. 31261/16) in the case of Ianușcovschi and Others (see document
DH-DD(2025)1256); noted that following the applicant’s death, no potential heirs have been identified to date; took note of the authorities’ commitment that, should any heirs be identified in the future, the Government stands ready to proceed with the payment of the just satisfaction upon request;
Considering that the question of individual measures was resolved, given that the applicants have ceased serving their prison sentence, and that the just satisfaction awarded by the Court was paid except in the case of the applicant Gheorghe DUMITRU who died prior to the Court’s judgment with no heirs identified;
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 Rezmiveș and Others (Appl. No. 61467/12) 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 overcrowding and poor material conditions in detention;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning overcrowding and poor material conditions in detention in the Rezmiveș and Others v. Romania pilot judgment (Appl. No. 61467/12);
DECIDES to close the examination of this case.