Resolution CM/ResDH(2015)93
Execution of the judgment of the European Court of Human Rights
Gagiu against Romania
Application No.
Case
Judgment of
Final on
63258/00
GAGIU
24/02/2009
24/05/2009
(Adopted by the Committee of Ministers on 11 June 2015
at the 1230th meeting of the Ministers’ Deputies)
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 judgment transmitted by the Court to the Committee in this case and to the violations established;
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 measures adopted in order to give effect to the judgment, and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2015)234);
Regretting that the failure of the domestic competent authorities promptly to assess the possibility of reopening the criminal investigation into the death of the applicant once the European Court’s judgment became final allowed the case to become statute-barred, which prevents any further investigation in the case;
Having satisfied itself that all the other measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
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