Resolution CM/ResDH(2021)331
Execution of the judgments of the European Court of Human Rights
Nine cases against Romania
(Adopted by the Committee of Ministers on 2 December 2021
at the 1419th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
49362/08
URSEI
14/03/2017
14/03/2017
261/14
FADI FAWZI TAHA
29/01/2019
29/01/2019
7242/14+
BERGHEA AND TURAN
08/11/2016
08/11/2016
41995/14+
CIUPERCESCU (No. 3)
07/01/2020
07/05/2020
47826/14
ZAMFIR
19/03/2019
19/03/2019
53179/14
GRUIA STOICA
24/09/2019
24/09/2019
74238/14
NĂSTAC
21/05/2019
21/05/2019
55958/15
BABIUC
03/12/2019
03/12/2019
29405/16
CONSTANTINOVICI
22/10/2019
22/10/2019
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 of the Convention established on account of to overcrowding and poor material conditions in remand detention centres and in prisons or of deficiencies in the provision of health care in prisons;
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 noted the information provided regarding the payment of the just satisfaction awarded by the Court;
Considering that the question of individual measures was resolved, given that the just satisfaction was paid and that the violations established by the Court had come to an end at the time of the judgments, as the applicants had been released from detention on remand or had ceased serving their prison sentence;
Recalling that the question of the general measures required to guarantee non-repetition of the violations found continues to be examined within the framework of the Bragadireanu v. Romania group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination of these cases.