Resolution CM/ResDH(2023)485
Execution of the judgment of the European Court of Human Rights
Talambuța and Iașcinina against Republic of Moldova
(Adopted by the Committee of Ministers on 7 December 2023
at the 1483rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
23151/09
TALAMBUȚA AND IAȘCININA
14/12/2021
14/12/2021
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 on account of inadequate medical treatment, as well as specialised medical care in detention, and lack of effective domestic remedies thereof;
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 plan provided by the government, indicating the measures adopted to ensure adequate medical care in temporary detention facilities under the Ministry of Interior, and the information provided on the individual measures taken, including the payment of the just satisfaction awarded by the Court (see document https://search.coe.int/cm/Pages/result_details.aspx?Reference=DH-DD(2022)41DH-DD(2023)1169);
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment in respect of inadequate medical care in prisons and lack of domestic remedy in this respect continues to be examined within the framework of the Cosovan group of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in this regard;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning to inadequate medical treatment, as well as specialised medical care in prisons, and lack of effective domestic remedy in the Cosovan group of cases;
DECIDES to close the examination of this case.