Resolution CM/ResDH(2012)211[1]
Avram against Romania
Execution of the judgment of the European Court of Human Rights
(Application No. 25339/03, judgment of 18 October 2011, final on 18 January 2012)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the unlawful detention of the applicant between August 2002 and May 2003, following a judicial order prolonging his detention on remand without specifying its length (violation of article 5, paragraph 1) (see details in Appendix);
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent State paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent State, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent State (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2012)211
Information about the measures to comply with the judgment in the case of
Avram against Romania
Introductory case summary
The case concerns the unlawful detention of the applicant, from 09/08/2002 to 21/05/2003, in that the order of the competent court of 10/07/2002 prolonging his detention on remand did not specify its duration, contrary to the domestic law, as interpreted by the Constitutional Court (violation of Article 5§1).
I.Payment of just satisfaction and individual measures
a)Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
8 000 EUR
-
8 000 EUR
Paid on 06/04/2012
b)Individual measures
The European Court noted that the applicant had been convicted and the period of detention on remand had been deducted in its entirety from his sentence. It awarded him just satisfaction for non-pecuniary damage.
Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
The general measures taken by the Romanian authorities are presented in the Final Resolution CM/ResDH(2011)22 adopted in the case of Konolos against Romania (judgment of 07/02/2008).
III.Conclusions of the respondent State
The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Romania has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 6 December 2012 at the 1157th Meeting of the Ministers’ Deputies.
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