Resolution CM/ ResDH ( 2014) 253

Execution of the judgment of the European Court of Human Rights Rotaru against Romania

Application No.

Case

Judgment of

Final on

28341/95

ROTARU

04/05/00

Grand Chamber

(Adopted by the Committee of Ministers on 26 November 2014 at the 1213th 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 judgment transmitted by the Court to the Committee in this case and to the violations established ;

Having regard also to Interim Resolution ResDH ( 2005)57 , adopted in July 2005 , in which the Committee took note of the measures adopted so far and of the measures envisaged, while at the same time call ing upon the Romanian authorities to adopt rapidly the legislative reforms necessary to respond to the criticism made by the Court in its judgment concerning the Romanian system of gathering and storing of information by the secret services ;

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 measures adopted in order 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(2014)137 );

Underlining that the case mainly concerns the lack of safeguards for the respect of the private life in the legislative framework governing the functioning of the Romanian Intelligence Service as regards the holding and use by this Service of information on the applicant ’ s private life contained in the archives that belonged to the former intelligence services;

Having noted in this respect the information provided on the legal framework which now governs the processing of information contained in the archives of the former intelligence services, e stablished under Emergency Regulation No. 24/2008 on citizens ’ access to the ir personal files held by the Securitate ;

Having further noted the assurances given by the Romanian authorities that, in the framework of the execution of the judgments of the European Court in the group of cases Haralambie and in the case of Bucur and Toma , they will continue their efforts to remedy the shortcomings identified by the European Court in the implementation of the mechanism set-up by Emergency Regulation No. 24/2008 and to bring the legal framework governing the organisation and functioning of the Romanian Intelligence Service in compliance with the Convention requirements;

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 this case and

DECIDES to close the examination thereof.