Resolution CM/ ResDH (2018)210 Execution of the judgment of the European Court of Human Rights E.M. against Romania

(Adopted by the Committee of Ministers on 7 June 2018 at the 1318 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

43994/05

E.M.

30/10/2012

30/01/2013

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 judgment transmitted by the Court to the Committee in this case and to the violation of Article 3 on account of the failure of the court of last instance to take the necessary steps to establish the reality of an act of domestic violence the applicant alleged having been victim of, in criminal proceedings which ended in 2005 with the acquittal of the applicant ’ s former husband;

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 action report provided by the government indicating the individual 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(2018)422 );

Considering that the question of individual measures was resolved, given that the applicant has not reported having been victim of domestic violence since her divorce in 2004 and that the threat posed by her former spouse appears therefore to have ceased to exist before the date of the European Court ’ s judgment;

Noting moreover that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the case of Bălşan v. Romania and that the closure of this case in no way prejudges the Committee ’ s evaluation of the general measures in relation to the State ’ s positive obligation under Article 3 of the Convention to ensure effective protection from domestic violence;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as regards the individual measures and

DECIDES to close the examination of this case.