Resolution CM/ResDH(2023)382
Execution of the judgments of the European Court of Human Rights
Two cases against Romania
(Adopted by the Committee of Ministers on 7 December 2023
at the 1483rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
39635/17+
MANOLACHE AND OTHERS
26/03/2020
26/03/2020
54903/17+
TIMIȘ AND OTHERS
26/03/2020
26/03/2020
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 8 of the Convention established on account of the unjustified refusal by prison authorities to grant prisoners leave to attend the funerals of their close relatives;
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 noted the information provided regarding the payment of the just satisfaction awarded by the Court;
Considering that the question of individual measures was resolved, given that the just satisfaction awarded for non-pecuniary damage and costs and expenses has been paid and that the applicants no longer suffer any consequences as a result of the violation found by the Court;
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 (No. 2) v. Romania (No. 37075/14) 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 required;
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 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 these cases.