Resolution CM/ResDH(2021)106
Execution of the judgments of the European Court of Human Rights
Three cases against Romania
(Adopted by the Committee of Ministers on 9 June 2021
at the 1406th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
6978/08
GHEORGHE COBZARU
25/06/2013
25/09/2013
14974/09
GRĂMADĂ
11/02/2014
11/05/2014
40374/11
BOACĂ AND OTHERS
17/01/2017
17/01/2017
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 Articles 2 and 3 of the Convention due to the unjustified use of firearms by police during interventions or the lack of appropriate planning to prevent excessive use of force during an operation involving special intervention units, and the lack of effective criminal investigations and proceedings into these incidents;
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 previously examined the information provided by the government indicating the individual measures adopted in order to give effect to the judgments (see document DH-DD(2017)790-rev) and the information provided regarding the payment of the just satisfaction awarded by the Court;
Recalling their conclusion at their 1294th meeting (September 2017) (DH) that, in the light of the information above, no further individual measure was possible in these cases (CM/Del/Dec(2017)1294/H46-21);
Recalling that the question of general measures required to prevent unjustified use of potentially lethal force during law enforcement interventions and operations and to guarantee effective criminal investigations and proceedings into such incidents continues to be examined within the framework of the Soare and Others group of cases and underlining that the closure of these cases in no way prejudges the Committee’s evaluation of the 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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