Resolution CM/ ResDH (2017)291 Execution of the judgments of the European Court of Human Rights Four cases against Romania

(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

42344/07

PREDIC Ä‚

07/06/2011

07/09/2011

22362/06

CUCU

13/11/2012

13/02/2013

16117/02

AUSTRIANU

12/02/2013

12/05/2013

2770/09

GHEORGHE DIMA

19/04/2016

19/07/2016

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 of Articles 2, 3 and 13 of the Convention established on account of death or ill-treatment under the responsibility of penitentiary staff, the ineffectiveness of the criminal investigations and the absence of an effective remedy as regards such abuse; having regard also to the violations of Article 3 of the Convention and of Article 3 of Protocol No. 1 established in the case of Cucu ;

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 examined the action report provided by the government indicating the measures adopted to give effect to the judgments, including the information regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)761 ), and considering, in view of the information submitted, that no other individual measure is possible or required in these cases;

Noting with satisfaction, as regards the general measures, the efforts made by the authorities to ensure the effective prevention and detection of ill-treatment in prison, through the professional training provided to the staff of the special intervention units, the oversight of their interventions carried out by the National Prison Administration and the establishment of an adequate legal framework regulating the documentation and reporting of medical evidence of ill-treatment;

Underlining the importance for the authorities to continue closely to monitor the implementation and the impact of these measures and noting with satisfaction their commitment to pursue their efforts in this area, taking into account the relevant international standards, in particular those established by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;

Welcoming the measures adopted to increase the effectiveness of criminal investigations into allegations of ill-treatment by prison staff and taking note of the first positive results of the Prosecutor General ’ s monitoring of their implementation;

Noting finally that the general measures required in response to the other violations established in the case of Cucu are or were examined in the cases of the groups Bragadireanu and Calmanovici (closed by Resolution CM/ ResDH (2014)13 ).

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.