Resolution CM/ResDH(2021)193

Execution of the judgments of the European Court of Human Rights

Eight cases against Republic of Moldova

(Adopted by the Committee of Ministers on 16 September 2021

at the 1411 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

12544/08

BREABIN

07/04/2009

07/07/2009

35840/09

BULGARU

30/12/2014

7232/07

CIORAP No. 5

15/03/2016

15/06/2016

7045/08

GURGUROV

16/06/2009

16/09/2009

26947/09

MURADU

19/01/2021

19/01/2021

24129/11

O.R. and L.R.

30/10/2018

30/01/2019

53710/09

PASCARI

20/12/2011

20/03/2011

3473/06

TCACI

15/07/2014

15/10/2014

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 established mainly on account of inhuman treatment or torture in police custody, including with a view to extracting confessions, lack of effective investigations in this respect (substantial and procedural violations of Article 3) and lack of an effective remedy;

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 report provided by the government indicating the individual measures adopted 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(2021)729 );

Considering that the question of individual measures was resolved, given that after a new inquiry/investigation it was not possible to identify those responsible for ill-treatment or collect evidence that could confirm the applicants’ allegations, despite all reasonable investigatory steps taken and measures adopted to remedy the shortcomings identified by the Court, or that reopening of domestic proceedings was prevented on procedural grounds, and given that all necessary individual measures have also been taken in respect of other violations found by the Court;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continue to be examined within the framework of the Levinţa 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.