Resolution CM/ ResDH (2019)239 Execution of the judgment of the European Court of Human Rights Genderdoc -M against Republic of Moldova

(Adopted by the Committee of Ministers on 25 September 2019 at the 1355 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

9106/06

GENDERDOC-M

12/06/2012

12/09/2012

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 of Article 11, Article 13 in conjunction with Article 11 and Article 14 in conjunction with Article 11, established on account of the ban on holding a demonstration in May 2005 to encourage the adoption of laws to protect sexual minorities from discrimination, the lack of an effective remedy on account of the post-hoc character of the judicial remedy available in the domestic legislation and the difference in treatment between the applicant NGO and other NGOs which were allowed by the authorities to hold demonstrations in the same period of time;

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 measures adopted to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2014)444 , DH-DD(2015)758 , DH-DD(2017)21 , DH-DD(2017)1262 , DH-DD(2018)641 , DH-DD(2018)724 , DH-DD(2018)859 and DH-DD(2019)736 );

Noting with satisfaction that the applicant NGO can now hold pride events without undue restrictions imposed by the authorities and with adequate police protection, and encouraging the authorities to continue in the same vein for similar public events in future;

Noting further with satisfaction the measures taken to reform the legislative framework regarding the holding of public assemblies and protection against discrimination, including the establishment of the Anti ‑ discrimination Council, the turning down of the legislative proposals to outlaw “propaganda of homosexuality” among minors, and also the training and awareness-raising measures directed at the actors concerned;

Strongly encouraging the authorities to ensure that, prior to any deliberation in Parliament, all draft laws, including those initiated directly by Parliamentarians, are systematically submitted for expert scrutiny of their compatibility with the Convention and the case-law of the Court, in line with the Committee of Ministers’ Recommendation Rec(2004)5 on the verification of the compatibility of draft laws, existing laws and administrative practice with the standards laid down in the European Convention on Human Rights;

Having satisfied itself that all the measures required 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 and

DECIDES to close the examination thereof.