Resolution CM/ResDH(2024)107
Execution of the judgments of the European Court of Human Rights
Three cases against Romania
(Adopted by the Committee of Ministers on 13 June 2024
at the 1501st meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
56681/14
CRISTEA
21/05/2019
21/05/2019
58771/16+
DUMITRACHE AND OTHERS
02/12/2021
09/02/2023
02/12/2021
09/02/2023
73686/16+
GRECU AND OTHERS
10/02/2022
10/02/2022
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 3 of the Convention established on account of overcrowding, poor material conditions or deficiencies in the provision of healthcare in prison;
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 (see document DH-DD(2022)1288) and those regarding the payment of the just satisfaction awarded by the Court;
Considering that the question of individual measures was resolved, given that all the applicants have ceased serving their prison sentence, and that the just satisfaction awarded by the Court was paid;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Bragadireanu v. Romania (No. 22088/04) group of cases, also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to overcrowding, poor material conditions and deficiencies in the provision of healthcare in prison;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning overcrowding, poor material conditions and deficiencies in the provision of healthcare in prison in the Bragadireanu v. Romania (No. 22088/04) group of cases;
DECIDES to close the examination of these cases.