Resolution CM/ ResDH (2019)143 Execution of the judgments of the European Court of Human Rights Four cases against Republic of Moldova

(Adopted by the Committee of Ministers on 6 June 2019 at the 1348 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

37725/15

CEAICOVSCHI

05/06/2018

05/06/2018

74497/13

MIRON

04/09/2018

04/09/2018

1089/09

POCASOVSCHI AND MIHAILA

29/08/2018

40614/14

VALENTIN BAÅžTOVOI

28/11/2017

28/02/2018

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 in the detention facility of the National Anti-corruption Centre 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(2019)471 , DH-DD(2019)436 );

Considering that the question of individual measures has been resolved, given that the applicants have either been released or transferred to another penitentiary facility in respect of which no further complaints have been received, and that all necessary individual measures have also been taken in respect of the other violations found by the Court;

Noting that the question of the 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 in relation to poor conditions of detention and the lack o f effective domestic remedies;

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.