Resolution CM/ ResDH (2020)96

Execution of the judgments of the European Court of Human Rights

Two cases against the Republic of Moldova

(Adopted by the Committee of Ministers on 4 June 2020 at the 1377 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

74441/14

BOTNARI

05/06/2018

01/10/2019

05/06/2018

01/10/2019

30921/10

GOREMÃŽCHIN

05/06/2018

05/06/2018

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 judgments transmitted by the Court to the Committee in these cases and to the violations established mainly on account of poor conditions of detention in the detention facilities under the authority of the Ministry of Justice, the lack of adequate medical care and the lack of an effective domestic remedy to challenge poor conditions of detention (violations of Articles 3 and 13);

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 information 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 documents DH-DD(2020)319 );

Considering that the question of individual measures has been resolved, given that the just satisfaction has been paid, the applicants have been released;

Considering further the general measures adopted to address violations of Article 8 on account of censorship of correspondence of detainees on remand and Article 34 on account of the authorities ’ failure to comply, in a timely manner, with the Court ’ s indications under Rule 39 of Rules of the Court, which appear capable of preventing similar violations;

Recalling that the question of the outstanding general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the I.D. group (Application No. 47203/06 ) and that the closure of these cases therefore in no way prejudges the Committee ’ s evaluation of the general measures required;

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.