Resolution CM/ResDH(2022)340
Execution of the judgments of the European Court of Human Rights
Two cases against Romania
(Adopted by the Committee of Ministers on 8 December 2022
at the 1451st meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
16270/12
COMORAŞU
31/05/2016
31/08/2016
60113/12
ULISEI GROSU
22/03/2016
12/09/2016
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 5, paragraph 1, of the Convention, on account of the applicants’ unlawful involuntary placement in psychiatric hospital or unlawful arrest with a view to such placement; having regard also to the procedural violation of Article 3 established in Comoraşu because of the lack of an effective investigation into the applicant’s allegations that the circumstances of his apprehension by the police and subsequent involuntary placement had amounted to ill-treatment;
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 noted the information provided regarding the payment of the just satisfaction awarded by the Court and also those regarding the individual measures required in response to the procedural violation of Article established in Comoraşu (see document DH-DD(2020)894);
Noting with deep regret that it is not possible to reopen the investigation into the allegations of ill-treatment made by Mr Comoraşu because of the applicable prescription periods and, recalling that the applicants had regained their liberty by the time the Court gave the judgments, concluded that no further individual measure is possible or required in these cases;
Recalling that the measures required to guarantee non-repetition of the Article 5 violations are examined within the framework of the Cristian Teodorescu group of cases and underlining that the closure of the present cases in no way prejudges the Committee’s evaluation of the general measures still needed;
Recalling that the general measures required to address the procedural violation of Article 3 established in Comoraşu were examined by the Committee in the context of the group of cases Barbu Anghelescu (No. 1) v. Romania (CM/ResDH(2016)150);
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.