Resolution CM/ResDH(2016)146
Execution of the judgments of the European Court of Human Rights
Two cases against Republic of Moldova
Application No.
Case
Judgment of
Final on
29089/06
Colibaba
23/10/2007
23/01/2008
41088/05
Boicenco
11/07/2006
10/06/2008
11/10/2006
10/09/2008
(Adopted by the Committee of Ministers on 8 June 2016
at the 1259th meeting of the Ministers’ Deputies)
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;
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 that in the present judgments, the Court found violations of Article 34 on account of the authorities’ interference with the applicant’s right of individual petition, as well as other violations of Article 3 and 5;
Having examined the action report provided by the government indicating the measures adopted in order 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(2016)459);
Having noted with satisfaction the general measures taken in response to the violations of Article 34, including the adoption of new legislation, as well as the necessary individual measures in response to all violations found in these cases;
Recalling that the general measures in response to the other violations found in these cases are being examined in the Corsacov group of cases (ill-treatment by the police and lack of effective investigation), Paladi group of cases (failure to provide adequate medical assistance while in detention) and Sarban group of cases (irregularities related to detention on remand);
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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