Resolution CM/ResDH(2018)107
Execution of the judgments of the European Court of Human Rights
27 cases against the Republic of Moldova
(Adopted by the Committee of Ministers on 15 March 2018 at the 1310th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
12066/02
CIORAP
19/06/2007
19/09/2007
9190/03
BECCIEV
04/10/2005
04/01/2006
39806/05
PALADI
10/03/2009
Grand Chamber
10614/06+
ARSENIEV
20/03/2012
20/06/2012
36125/14
BAŞTOVOI
05/07/2016
05/07/2016
7481/06
CIORAP No 2
20/07/2010
20/10/2010
32896/07
CIORAP No. 3
04/12/2012
04/03/2013
37829/08
CONSTANTIN MODARCA
13/11/2012
13/02/2013
24163/11
CRISTIOGLO
26/04/2016
26/07/2016
60179/09
CULEV
17/04/2012
17/07/2012
29732/07
GALAIDA AND COPOSCIU
24/11/2016
24/11/2016
32844/07+
HADJI
14/02/2012
14/05/2012
15868/07
HARITONOV
05/07/2011
05/10/2011
30649/05
HOLOMIOV
07/11/2006
07/02/2007
8721/05+
ISTRATII AND OTHERS
27/03/2007
27/06/2007
7101/06
MALAI
13/11/2008
13/02/2009
53487/99
MERIAKRI
01/03/2005
06/07/2005
61050/11
MESCEREACOV
16/02/2016
16/05/2016
50054/07
MITROFAN
15/01/2013
15/04/2013
33200/11
OKOLISAN
29/03/2016
29/06/2016
38055/06
OPREA
21/12/2010
21/03/2011
35207/03
OSTROVAR
13/09/2005
15/02/2006
21061/11
PISAROGLU
03/03/2015
03/06/2015
51216/06
ROTARU
15/02/2011
15/05/2011
39584/07
SEGHETI
15/10/2013
15/01/2014
28173/10
SILVESTRU
13/01/2015
13/04/2015
11353/06
SHISHANOV
15/09/2015
15/12/2015
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 poor conditions of detention in the detention facilities under the authority of the Ministries of Justice and of the Interior, the lack of adequate medical care and the lack of an effective domestic remedy in both respects (violations of Articles 3 and 13);
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 give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2013)1168, DH-DD(2016)897, DH-DD(2017)379, DH-DD(2018)33);
Considering that the question of individual measures has been resolved, given that the applicants have either been released or transferred to another country or to another penitentiary facility in respect of which no further complaints have been received, and that all necessary individual measures have also been taken in respect of the other violations found by the Court;
Recalling that the question of the general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the I.D. v. Republic of Moldova case (Application No. 47203/06) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to poor conditions of detention and the lack of effective domestic remedies;
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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