Final Resolution CM/ResDH(2014)37
Execution of the judgments of the European Court of Human Rights in
Two cases against the Republic of Moldova and the Russian Federation
Application No.
Case
Judgment of
Final on
48787/99
ILAŞCU AND OTHERS
08/07/2004
Grand Chamber
23687/05
IVANTOC AND OTHERS
15/11/2011
04/06/2012
(Adopted by the Committee of Ministers on 6 March 2014,
at the 1193rd 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;
Recalling each 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 each of the respondent States to inform the Committee of the measures taken to comply with the above-mentioned obligations;
Recalling that in the Ilaşcu and others judgment of 8 July 2004, the Court found several violations of the Convention against the Republic of Moldova and the Russian Federation, in relation to the four applicants’ illegal and arbitrary detention in the entity unrecognised by international community called the “Moldavian Republic of Transdniestria”, the ill-treatment they had sustained in this context and the interferences with their right to individual petition;
Underlining that the execution of this judgment required, as indicated by the Court, that both respondent States take “all necessary measures to put an end to the arbitrary detention of the applicants still imprisoned and secure their immediate release”;
Recalling that the Court noted that the applicant Mr Ilaşcu had been released on 5 May 2001, that the Committee rapidly received confirmation of Mr Leşco’s release and that it has closely followed the question of the release of Messrs Ivanţoc and Popa[1], as shown by the adoption of five interim resolutions (ResDH(2005)42, ResDH(2005)84, ResDH(2006)11, ResDH(2006)26, CM/ResDH(2007)106);
Recalling that following their release on 2 and 4 June 2007, the Committee noted in its last interim resolution that the authorities of the Republic of Moldova had regularly informed it of the efforts they had made to secure the applicants’ release, while expressing its profound regret that, the authorities of the Russian Federation had not actively pursued all effective avenues to comply with the Court’s judgment;
Recalling having deeply deplored the prolongation of the applicants’ unlawful and arbitrary detention after the judgment of the Court, and underlining firmly in this respect that full, effective and rapid execution of the final judgments of the Court is indispensable for the effectiveness of the Convention system;
Recalling that a new application had been lodged against both States because of the prolongation of the two remaining applicants’ arbitrary detention after the Ilaşcu judgment, and that the Committee had suspended its supervision of the execution of this judgment pending the Court’s decision;
Considering that this application resulted in the second judgment of the Court, Ivanţoc and others, final on 4 June 2012, in which it held that:
- the Russian Federation was responsible by its inaction for violations concerning the prolongation of the applicants’ detention and concerning the effects of this prolongation (the latter including violations as regards the conditions of the applicants’ detention, as well as their rights to respect for their private and family lives, and for their correspondence with their relatives). It awarded to the applicants just satisfaction covering all the damage caused by the prolongation of their illegal and arbitrary detention until their release;
- the Republic of Moldova had, after the Ilaşcu judgment, discharged its positive obligations towards the applicants;
Considering, in view of the conclusions of the Court in both the Ilaşcu and Ivanţoc judgments, that the only remaining execution measure was the payment by the Russian Federation of the just satisfaction awarded in the Ivanţoc judgment, and having received the confirmation of this payment (see document
DH-DD(2013)1074);
Concludes, in these circumstances, that the consequences for the applicants of the violations found have been erased as far as possible;
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.
[1] Formerly Petrov-Popa.
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