Resolution CM/ ResDH (2021)106

Execution of the judgments of the European Court of Human Rights

Three cases against Romania

(Adopted by the Committee of Ministers on 9 June 2021 at the 1406 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

6978/08

GHEORGHE COBZARU

25/06/2013

25/09/2013

14974/09

GRÄ‚MADÄ‚

11/02/2014

11/05/2014

40374/11

BOACÄ‚ AND OTHERS

17/01/2017

17/01/2017

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 Articles 2 and 3 of the Convention d ue to the unjustified use of firearms by police during interventions or the lack of appropriate planning to prevent excessive use of force during an operation involving special intervention units, and the lack of effective criminal investigations and proceedings into these incidents;

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 previously examined the information provided by the government indicating the individual measures adopted in order to give effect to the judgments (see document DH-DD(2017)790-rev ) and the information provided regarding the payment of the just satisfaction awarded by the Court;

Recalling their conclusion at their 1294 th meeting (September 2017) (DH) that, in the light of the information above, no further individual measure was possible in these cases ( CM/Del/Dec(2017)1294/H46-21 );

Recalling that the question of general measures required to prevent unjustified use of potentially lethal force during law enforcement interventions and operations and to guarantee effective criminal investigations and proceedings into such incidents continues to be examined within the framework of the Soare and Others group of cases and underlining that the closure of these cases 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.