Resolution CM/ResDH(2025)320
Execution of the judgment of the European Court of Human Rights
Kanalas against Romania
(Adopted by the Committee of Ministers on 15 October 2025
at the 1540th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
20323/14
KANALAS
06/12/2016
06/03/2017
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 judgment transmitted by the Court to the Committee in this case and to the violations established on account of overcrowding, poor material conditions in detention, and the unjustified refusal by prison authorities to grant a prisoner leave to attend the funerals of his close relative ;
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 individual measures adopted to execute the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)1080);
Considering that the question of individual measures was resolved, given that the just satisfaction awarded by the Court was paid, the applicant has been released from detention, and he no longer suffers any consequences as a result of the violations found by the Court;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Bragadireanu v. Romania (No. 22088/04) and Bragadireanu (No. 2) v. Romania (No. 37075/14) groups of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to overcrowding and poor conditions of detention, and the recognition of the right to family life of prisoners who request leave to attend the funerals of close family members;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning overcrowding and poor material and hygienic conditions in detention in the Bragadireanu v. Romania (No. 22088/04) group of cases, and of the ones concerning the recognition of the right to family life of prisoners who request leave to attend the funerals of close family members in the Bragadireanu (No. 2) v. Romania (No. 37075/14) group of cases;
DECIDES to close the examination of this case.