Resolution CM/ResDH(2007)92[1]
Execution of the judgment of the European Court of Human Rights
Petra against Romania
(Application No. 27273/95, judgment of 23 September 1998)
The Committee of Ministers, under the terms of former Article 54 and new Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provide 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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violations of the Convention found by the Court in this case concern the monitoring of the applicant's correspondence, during his detention, with the former European Commission of Human Rights (violations of Article 8 and former Article 25, see details in Appendix);
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 former Article 53 and new 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, which are applicable by decision of the Committee of Ministers to cases under former Article 54;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing, similar violations,
DECLARES, having examined the measures taken by the respondent state (see Appendix) and considered the decision, taken at the 863rd meeting of the Ministers' Deputies (06/01/2004), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2007)92
Information about the measures to comply with the judgment in the case of
Petra against Romania
Introductory case summary
The case concerns the opening and delaying of the applicant's correspondence with the former European Commission of Human Rights and, in this respect, the latitude which the law applicable at that time left to the national authorities to effect such acts (violation of Article 8). It also relates to the fact that in his correspondence with the Commission, the applicant suffered hindrance in the exercise of his individual right of petition in the form of illegitimate and unacceptable pressure from the prison authorities (violation of former article 25).
I.Payment of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
10 000 FRF
-
10 000 FRF
Paid within the time-limit set, on 21/12/1998
II.General measures
Legislative change
An “Emergency ordinance” (No. 56/2003) was adopted by the government on 25/06/2003 and ratified by Parliament on 07/10/2003.
The new legislation provides for the confidentiality of requests or applications addressed by detainees to the public authorities, judicial bodies or international organisations or courts whose competence has been accepted or recognised by Romania. The law indicates that such letters cannot be opened or retained. The law also provides the possibility to challenge measures restricting the rights of prisoners before a judge. The Law furthermore provides that, for detainees lacking the necessary means, mailing costs for correspondence with the European Court are covered by the prison administration. Finally, the law also applies to prisoners on remand.
In 2003, pursuant to these provisions, the National Prisons Administration on several occasions ordered prison staff to respect the principle of confidentiality and set up rules for the organisation of the exercise of detainees' right to confidentiality of their correspondence (e.g. post boxes have been installed, to which detainees have been granted daily access).
Publication and dissemination of the judgment
The judgment of the European Court was translated into Romanian, sent to the Information Centre in Bucharest, together with an explanatory note and widely disseminated to the authorities concerned. It was furthermore published in the official gazette and a circular was addressed, on 19 October 1999, to prison administrations concerning prisoners' right to the respect of their correspondence.
III.Conclusions of the respondent state
The government considers that the measures taken have fully remedied the consequences of the violations found in this case and will prevent new, similar violations in future and that Romania has therefore complied with its obligations under former Article 53 and new Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 20 June 2007 at the 997th meeting of the Ministers’ Deputies.
Full & Egal Universal Law Academy