Resolution CM/ ResDH (2017)290 Execution of the judgment of the European Court of Human Rights Danalachi against Republic of Moldova

(Adopted by the Committee of Ministers on 21 September 2017 at the 1294 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

25664/09

DANALACHI

17/09/2013

17/12/2013

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 established;

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 this obligation and having examined the information submitted by the government and concluded that all necessary individual and general measures in response to the violation found in this case have been taken (see the information submitted in the Åžarban group ( DH-DD(2017)736 ) and the decision of the Committee of Ministers adopted at its 1294 th meeting (DH), in September 2017);

Having noted, as regards the applicant’s individual situation, that the just satisfaction has been paid by the government of the respondent State and that the applicant is no longer in detention, and that therefore no other individual measure is necessary in this case;

Having noted further that the violation occurred as a result of an isolated incident and, thus, that no further general measures are necessary;

Recalling that the Committee continues its examination of other outstanding questions raised in the Åžarban group within the framework of this group,

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.