Resolution CM/ResDH(2024)230
Execution of the judgments of the European Court of Human Rights
18 cases against Romania (See Appendix)
(Adopted by the Committee of Ministers on 9 October 2024
at the 1509th 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 Article 3 of the Convention established on account of overcrowding, poor material and hygienic conditions and deficiencies in the provision of healthcare 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 information provided by the government indicating the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)855);
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;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Bragadireanu v. Romania (No. 22088/04) group of cases also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning overcrowding, poor material and hygienic conditions and deficiencies in the provision of healthcare in detention in the Bragadireanu v. Romania (No. 22088/04) group of cases;
DECIDES to close the examination of these cases.
Appendix
Application No.
Case
Judgment of
Final on
694/14+
BĂLĂŞESCU AND OTHERS
08/02/2018
08/02/2018
996/18+
CAIA AND OTHERS
15/12/2022
15/12/2022
44218/16+
CIRIMPEI AND OTHERS
12/01/2023
12/01/2023
28167/17
COVACI
09/05/2019
09/05/2019
40691/16+
FARAON AND OTHERS
13/01/2022
13/01/2022
73408/16+
GÎLICE AND OTHERS
13/01/2022
13/01/2022
22181/15
HĂNȚESCU
30/10/2018
30/10/2018
41762/15+
IANCU AND OTHERS
30/07/2020
30/07/2020
57085/16
IANCU AND OTHERS
02/12/2021
02/12/2021
1460/15+
IORGA AND OTHERS
10/06/2021
10/06/2021
40930/15+
JIDOVOIU AND OTHERS
05/11/2020
05/11/2020
63417/16+
MIHALACHE AND OTHERS
12/01/2023
12/01/2023
625/15+
MIHALI AND OTHERS
14/12/2017
14/12/2017
37620/15+
NEGHINĂ AND OTHERS
21/01/2021
28/10/2021
21/01/2021
28/10/2021
40112/16+
ROŞU AND OTHERS
02/03/2023
02/03/2023
1382/18+
STAN AND OTHERS
30/11/2023
30/11/2023
33498/16+
SZEKELY AND OTHERS
13/01/2022
13/01/2022
33064/15+
UȚĂ AND OTHERS
14/06/2018
14/06/2018