Resolution CM/ ResDH ( 2021)31

Execution of the judgment of the European Court of Human Rights

Braga against the Republic of Moldova and the Russian Federation

(Adopted by the Committee of Ministers on 11 March 2021

at the 1398 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

76957/01

BRAGA

17/10/2017

05/03/2018

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 judgment transmitted by the Court to the Committee in this case and to the violations established, in respect of the Republic of Moldova, of Articles 3 and 5 on account of the applicant’s deprivation of liberty, between 25 October 2001 and 22 January 2002, in the Republic of Moldova where he was transferred for treatment in the prison hospital, and his subsequent transfer back to the self-proclaimed “Moldavian Republic of Transdniestria” (the “MRT”) where he continued to be detained in conditions incompatible with the Convention, as well as of Article 34 on account of difficulties in his communication with his lawyer because of his transfer back to the “MRT”;

Recalling the obligation of any respondent State, 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 Republic of Moldova to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government of the Republic of Moldova indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)827 );

Having satisfied itself that all the measures required from the Republic of Moldova by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as far as the Republic of Moldova is concerned,

DECIDES to close the examination thereof in respect of the Republic of Moldova.