Resolution CM/ResDH(2026)34
Execution of the judgment of the European Court of Human Rights
Soare and Others against Romania
(Adopted by the Committee of Ministers on 11 March 2026
at the 1553rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
24329/02
SOARE AND OTHERS
22/02/2011
22/05/2011
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 judgment transmitted by the Court to the Committee in this case and to the violations established concerning: the absence of an adequate legal framework for the use of firearms, the life-threatening injuries of the applicant resulting from the unjustified use of firearms during a police arrest operation, the lack of preparation of the police operation (substantive violation of Article 2); the lack of an effective investigation and court proceedings into the incident (procedural violation of Article 2); the lack of an effective remedy to obtain compensation (violation of Article 13 in conjunction with Article 2); and the poor conditions under which two witnesses were retained for questioning (violation of Article 3);
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 measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2026)165);
Considering that the question of individual measures was resolved, given that the reopened domestic proceedings had been terminated on the grounds that the evidence available was insufficient to establish the suspect’s criminal liability and noting that the applicants had not challenged that decision;
Noting, in respect of the general measures, that significant progress has been achieved as regards the legal framework on the use of firearms, the preparation of routine police operations, the effectiveness of investigations and court proceedings in relation to acts of State agents and the conditions under which witnesses are retained for questioning, which includes the reform of the Police Act, the operational safeguards introduced to guide police action, in particular the risk-assessment and the use of body-cameras; the designation of specialised investigative prosecutors and the upward trend in prosecutorial diligence, and the reform of the Criminal Codes as regards the questioning of witnesses;
Noting that these combined measures led to a significant decrease in firearm use in police operations, with a substantial reduction in fatalities and injuries;
Recalling that the questions related to the effectiveness of the criminal justice system’s response to allegations of racist hate crime by State agents are being examined in the case of Lingurar v. Romania (No. 48474/14); and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required in respect of this issue;
Recalling that the questions related to the lack of an effective remedy to obtain compensation are being examined in the cases of Pârvu, Pârvu and Others and Flori v. Romania (Applications Nos.13326/18; 3524/22 and 47429/21); and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required in respect of this issue;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the question of individual measures has been resolved;
DECIDES to continue to supervise the adoption of the necessary general measures concerning the effectiveness of the criminal justice system’s response to allegations of racist hate crime by State agents in the case of Lingurar v. Romania (Application No. 48474/14); and the lack of an effective remedy to obtain compensation in the cases of Pârvu, Pârvu and Others and Flori v. Romania (Applications Nos.13326/18; 3524/22 and 47429/21); and
DECIDES to close the examination of this case.