Resolution CM/ResDH(2018)464
Execution of the judgments of the European Court of Human Rights
Three cases against Republic of Moldova (Taraburca group)
(Adopted by the Committee of Ministers on 6 December 2018 at the 1331st meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
18919/10
TARABURCA
06/12/2011
06/03/2012
33759/10
IURCU
09/04/2013
09/07/2013
56074/10
BUHANIUC
28/01/2014
28/04/2014
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 of Article 3 and 13 established mainly on account of the police action taken in response to demonstrations which turned violent following the parliamentary elections in April 2009 and the need for special measures to allow law enforcement officials to tackle serious disturbances of law and order;
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 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(2013)450, DH-DD(2016)460 and DH-DD(2018)1042);
Welcoming the fact that the Government and the Parliament have expressed their regrets for the inappropriate reaction of the national law enforcement bodies and the judiciary following the impugned events and that compensation has been granted at national level to identified victims;
Noting with interest the measures taken to reform the legislative and regulatory framework for policing public assemblies, including safeguards regarding the use of force, the prosecutorial and judicial control available, and also the training and awareness-raising measures directed at all of the actors concerned;
Recalling that other general measures in response to ill-treatment in police custody and the lack of effective investigations continue to be examined within the framework of the Levinţa group (No. 17332/03);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
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