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
[1] The terms “Roma and Travellers” are being used at the Council of Europe to encompass the wide diversity of the groups covered by the work of the Council of Europe in this field: on the one hand a) Roma, Sinti/Manush, Calé, Kaale, Romanichals, Boyash/Rudari; b) Balkan Egyptians (Egyptians and Ashkali); c) Eastern groups (Dom, Lom and Abdal); and, on the other hand, groups such as Travellers, Yenish, and the populations designated under the administrative term “Gens du voyage”, as well as persons who identify themselves as Gypsies.
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