Resolution CM/ ResDH ( 2016) 39

Execution of the judgments of the European Court of Human Rights in Three cases against Romania

Application No.

Case

Judgment of

Final on

41138/98

MOLDOVAN AND OTHERS (No. 1)

05/07/2005

05/07/2005

41138/98

MOLDOVAN AND OTHERS (No. 2)

30/11/2005

12694/04

L A C A TU S AND OTHERS

13/11/2012

13/02/2013

(Adopted by the Committee of Ministers on 10 March 2016 at the 1250th meeting of the Ministers ’ Deputies)

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;

Recalling that these cases concern the consequences of racially-motivated violence perpetrated in 1993 against villagers of Roma origin [1] in the locality of Hădăreni ( Mureş County), in particular the improper living conditions following the destruction of their homes and the general discriminatory attitude of the authorities, including their prolonged failure to put an end to the breaches of the applicants ’ rights;

Recalling that in the judgment Moldovan and Others (No. 1) , the Court took note of the friendly settlement reached by the parties and of the government ’ s undertakings to pay each of the applicants certain sums in compensation as well as in respect of cost s and expenses and to adopt general measures aimed in particular at fighting discrimination, preventing intercommunity conflict, stimulating Roma participation into the economic, social, educational, cultural and political life of the locality and rehabilitating housing and the environment in the community ;

Having considered that the general measures adopted to put into practice the above - mentioned undertakings are also relevant for the implementation of the judgment on the merits Moldovan and Others (No. 2) and of the judgment Lăcătuş and Others , in which the Court found violations of Articles 3, 6, 8, 13 of the Convention and Article 14 in conjunction with Articles 6 and 8 in connection to the events in Hădăreni ;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent State to inform it of the measures it has taken in consequence of the Court ’ s judgments, having regard to its obligation under Article 46, paragraph 1 of the Convention to abide by them;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgments (see document DH-DD(2016)80 ) and the information provided regarding the payment of the just satisfaction awarded by the Court and of the amounts due under the friendly settlement;

Noting with satisfaction that the measures adopted for the implementation of these judgments ha s enabled encouraging results to be obtained, in particular as regards the integration in school s of pupils belonging to the Roma community in Hădăreni , the prevention against discrimination of this community by the local authorities and its integration into the economic life of the locality;

Taking also note of the current situation of the Roma community as regards housing, assessed as satisfactory by the authorities, and of the efficient operation in Hădăreni of the interethnic conflict prevention mechanism established by the authorities;

Welcoming the commitment of the authorities to continue monitoring closely the situation in Hădăreni and, in this context, to adopt supplementary measures in order to consolidate the progress already achieved; noting moreover with satisfaction that the mechanism for monitoring these measures established at domestic level is coordinated at a high political level and that the authorities undertake fully to involve civil society in this monitoring;

Having thus satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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.

[1] The terms “Roma and Travellers ” are being used at the Council of Europe to encompass the wide diversity of the groups covered by the work of the Council of Europe in this field: on the one hand a) Roma, Sinti/ Manush , Calé , Kaale , Romanichals , Boyash / Rudari ; b) Balkan Egyptians (Egyptians and Ashkali ); c) Eastern groups (Dom, Lom and Abdal ); and, on the other hand, groups such as Travellers , Yenish , and the populations designated under the administrative term “Gens du voyage”, as well as persons who identify themselves as Gypsies.