Resolution CM/ResDH(2018)227
Execution of the judgments of the European Court of Human Rights
Five cases against the Republic of Moldova
(Adopted by the Committee of Ministers on 7 June 2018at the 1318th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
42440/06
MUŞUC
06/11/2007
06/02/2008
8207/06
STEPULEAC
06/11/2007
06/02/2008
12444/05
LEVA
15/12/2009
15/03/2010
52100/08
BREGA
20/04/2010
20/07/2010
61485/08
BREGA AND OTHERS
24/01/2012
24/04/2012
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 established mainly on account of arrest and detention on remand in criminal and administrative proceedings not based on a reasonable suspicion that the applicants committed an offence (violations of Article 5, paragraph 1, of the Convention);
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 information provided by the government indicating the individual measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2016)458) and DH-DD(2018)395) ;
Considering that the question of individual measures has been resolved given that all applicants had already been released at the time of the Court’s judgments, and that all necessary individual measures have also been taken in respect of the other violations found by the Court;
Considering further the general measures adopted, in particular, significant legislative amendments, changes in court practice and training and awareness measures, appear capable of preventing similar violations from occurring in the future;
Noting that other issues pertaining to various Article 5 violations, including adequate reasoning of detention orders, continue to be examined within the framework of the Sarban v. Republic of Moldova group (Application No. 3456/05) and that the closure of present cases therefore in no way prejudges the Committee’s evaluation of the remaining general measures, including the overall impact of the measures adopted and the development of judicial practice;
Recalling further that the case Guţu v. Republic of Moldova (Application No. 20289/02), which concerns in part the lack of an effective remedy to claim compensation for illegal detention and for the violation of the right to respect for her home, will continue to be examined in the framework of the Sarban v. Republic of Moldova group;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Full & Egal Universal Law Academy