Resolution CM/ResDH(2021)193
Execution of the judgments of the European Court of Human Rights
Eight cases against Republic of Moldova
(Adopted by the Committee of Ministers on 16 September 2021
at the 1411th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
12544/08
BREABIN
07/04/2009
07/07/2009
35840/09
BULGARU
30/09/2014
30/12/2014
7232/07
CIORAP No. 5
15/03/2016
15/06/2016
7045/08
GURGUROV
16/06/2009
16/09/2009
26947/09
MURADU
19/01/2021
19/01/2021
24129/11
O.R. and L.R.
30/10/2018
30/01/2019
53710/09
PASCARI
20/12/2011
20/03/2011
3473/06
TCACI
15/07/2014
15/10/2014
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 established mainly on account of inhuman treatment or torture in police custody, including with a view to extracting confessions, lack of effective investigations in this respect (substantial and procedural violations of Article 3) and lack of an effective remedy;
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 give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)729);
Considering that the question of individual measures was resolved, given that after a new inquiry/investigation it was not possible to identify those responsible for ill-treatment or collect evidence that could confirm the applicants’ allegations, despite all reasonable investigatory steps taken and measures adopted to remedy the shortcomings identified by the Court, or that reopening of domestic proceedings was prevented on procedural grounds, and given that all necessary individual measures have also been taken in respect of other violations found by the Court;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continue to be examined within the framework of the Levinţa group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination of these cases.
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