Resolution CM/ResDH(2018)463
Execution of the judgments of the European Court of Human Rights
19 cases against Republic of Moldova
(Adopted by the Committee of Ministers on 6 December 2018at the 1331st meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
18944/02
CORSACOV
04/04/2006
04/07/2006
42973/05
BISIR AND TULUS
17/05/2011
17/08/2011
52643/07
BUZILO
21/02/2012
21/05/2012
28653/05
BUZILOV
23/06/2009
23/09/2009
42434/06
FEODOROV
29/10/2013
29/01/2014
39441/09
GASANOV
18/12/2012
18/03/2013
22741/06
GAVRILIŢĂ
22/04/2014
22/07/2014
32520/09
GHIMP AND OTHERS
30/10/2012
03/01/2013
51099/10
GRECU
30/05/2017
30/08/2017
23750/07
IPATE
21/06/2011
21/09/2011
55408/07
IPATI
05/02/2013
05/05/2013
27763/05
LIPENCOV
25/01/2011
25/04/2011
38281/08
MATASARU AND SAVITCHI
02/11/2010
02/02/2011
13421/06
MORGOCI
12/01/2016
12/04/2016
33134/03
PĂDUREŢ
05/01/2010
05/04/2010
29772/05
POPA
21/09/2010
21/12/2010
6888/03
PRUNEANU
16/01/2007
23/05/2007
41704/02
ROŞCA VALERIU AND ROŞCA NICOLAE
20/10/2009
20/01/2010
40131/09
STRUC
04/12/2012
04/03/2013
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 ill-treatment or torture mostly in police custody, lack of effective investigations in this respect and lack of an effective remedy (violations of Articles 2, 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 in order 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(2014)836, DH-DD(2016)1110, DH-DD(2016)1200, DH-DD(2017)673, DH-DD(2018)1043);
Considering that the question of individual measures was therefore settled, given that either those responsible for ill-treatment were convicted by the domestic courts, dismissed and prohibited from engaging in law enforcement, or 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, and given that all necessary individual measures have also been taken in respect of other violations found by the Court;
Noting the important reforms adopted to set up the necessary legal and organisational structures to prevent and combat police ill-treatment and ensure the effectiveness of investigations, that these reforms and their results continue to be examined within the framework of the Levinţa group and that the closure of the above cases therefore in no way prejudges the Committee’s evaluation of the issue of 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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