Resolution CM/ResDH(2007)18[1]
Execution of the judgment of the European Court of Human Rights
Mocanu against Romania
(Application No. 56489/00, judgement of 24 May 2006, friendly settlement)
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 referred to as “the Convention” and “the Court”);
Having regard to the final judgment in this case, transmitted the same day by the Court to the Committee;
Recalling that the admissible applicant’s complaints in this case concern: alleged ill-treatment and lack of effective investigation in this respect (complaint under Article 3); right to respect for correspondence (complaint under Article 8); right of individual application (complaint under Article 34); right to an effective remedy (complaint under Article 13 combined with Article 3 and Article 8);
Whereas in this case the Court, after having taken formal note of friendly settlement reached by the Government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike this case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the government of the respondent State would pay the applicant a total of 17 000 euros, within three months as from the notification of the judgment;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Romania’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 22 August 2006, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sum agreed in the friendly settlement and that no other measure was required in the present case to conform to the Court’s judgment;
Having examined the information supplied by the Government of Romania,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and DECIDES to close its examination.
[1] Adopted by the Committee of Ministers on 28 February 2007 at the 987th meeting of the Ministers’ Deputies
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