Resolution CM/ResDH(2022)401
Execution of the judgments of the European Court of Human Rights
Seven cases against the Republic of Moldova
(Adopted by the Committee of Ministers on 14 December 2022
at the 1452nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
2638/05
PETRU ROŞCA
06/10/2009
06/01/2010
47861/12
ARMEANU AND VACARCIUC
30/11/2021
30/11/2021
32510/09
CAZANBAEV
19/01/2016
19/04/2016
6343/11
GOREA
23/07/2013
23/10/2013
35208/06
PARNOV
13/07/2010
13/10/2010
50799/14
PREPELIŢA
03/12/2019
03/12/2019
81/04
SAVITCHI
17/06/2008
17/09/2008
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 on account of ill-treatment in police custody, lack of effective investigations in this respect and lack of an effective remedy (violations of Articles 3 and 13), as well as the failure to respect the right to a fair trial (violation of Article 6);
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 give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)1323);
Noting with regret that no further individual measures appear possible in these cases given that after a new inquiry/investigation it was not possible to identify those responsible for ill-treatment or collect evidence that could confirm the applicants’ allegations, despite all reasonable investigatory steps taken and measures adopted to remedy the shortcomings identified by the Court, and given that all necessary individual measures have also been taken in respect of other violations found by the Court;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continue to be examined within the framework of Levința group of cases (No. 17332/03) and Plotnicova case (No. 38623/05);
Finally, recalling 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 and
DECIDES to close the examination of these cases.