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CASE OF CORSACOV AGAINST THE REPUBLIC OF MOLDOVA AND 18 OTHER CASES

Doc ref: 18944/02, 42973/05, 52643/07, 28653/05, 42434/06, 39441/09, 22741/06, 32520/09, 51099/10, 23750/07, ... • ECHR ID: 001-188684

Document date: December 6, 2018

  • Inbound citations: 167
  • Cited paragraphs: 5
  • Outbound citations: 0

CASE OF CORSACOV AGAINST THE REPUBLIC OF MOLDOVA AND 18 OTHER CASES

Doc ref: 18944/02, 42973/05, 52643/07, 28653/05, 42434/06, 39441/09, 22741/06, 32520/09, 51099/10, 23750/07, ... • ECHR ID: 001-188684

Document date: December 6, 2018

Cited paragraphs only

Resolution CM/ ResDH (2018)463 Execution of the judgments of the European Court of Human Rights 19 cases against Republic of Moldova

(Adopted by the Committee of Ministers on 6 December 2018at the 1331 st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

18944/02

CORSACOV

04/04/2006

04/07/2006

42973/05

BISIR AND TULUS

17/05/2011

17/08/2011

52643/07

BUZILO

21/02/2012

21/05/2012

28653/05

BUZILOV

23/06/2009

23/09/2009

42434/06

FEODOROV

29/10/2013

29/01/2014

39441/09

GASANOV

18/12/2012

18/03/2013

22741/06

GAVRILIŢĂ

22/04/2014

22/07/2014

32520/09

GHIMP AND OTHERS

30/10/2012

03/01/2013

51099/10

GRECU

30/05/2017

30/08/2017

23750/07

IPATE

21/06/2011

21/09/2011

55408/07

IPATI

05/02/2013

05/05/2013

27763/05

LIPENCOV

25/01/2011

25/04/2011

38281/08

MATASARU AND SAVITCHI

02/11/2010

02/02/2011

13421/06

MORGOCI

12/01/2016

12/04/2016

33134/03

PÄ‚DUREÅ¢

05/01/2010

05/04/2010

29772/05

POPA

21/09/2010

21/12/2010

6888/03

PRUNEANU

16/01/2007

23/05/2007

41704/02

ROÅžCA VALERIU AND ROÅžCA NICOLAE

20/10/2009

20/01/2010

40131/09

STRUC

04/12/2012

04/03/2013

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 ill-treatment or torture mostly in police custody, lack of effective investigations in this respect and lack of an effective remedy (violations of Articles 2, 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 in order 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(2014)836 , DH-DD(2016)1110 , DH-DD(2016)1200 , DH-DD(2017)673 , DH-DD(2018)1043 );

Considering that the question of individual measures was therefore settled, given that either those responsible for ill-treatment were convicted by the domestic courts, dismissed and prohibited from engaging in law enforcement, or after a new inquiry/investigation it was not possible to identify those responsible for ill-treatment or collect evidence that could confirm the applicants’ allegations, despite all reasonable investigatory steps taken and measures adopted to remedy the shortcomings identified by the Court, and given that all necessary individual measures have also been taken in respect of other violations found by the Court;

Noting the important reforms adopted to set up the necessary legal and organisational structures to prevent and combat police ill-treatment and ensure the effectiveness of investigations, that these reforms and their results continue to be examined within the framework of the Levinţa group and that the closure of the above cases therefore in no way prejudges the Committee’s evaluation of the issue of 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.

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