Resolution CM/ ResDH (2012) 203 [1] Åžtefan against Romania

Execution of the judgment of the European Court of Human Rights

(Application No. 28319/03, judgment of 6 April 2010, final on 6 July 2010)

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the unfairness of criminal proceedings on account of the annulment by the High Court of Cassation and Justice of a final judgment, following an application for nullity lodged by the Procurator General (violation of article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that the respondent State paid the a p plicant ’ s heirs the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent State, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2012) 203

Information about the measures to comply with the judgment in the case of Åžtefan against Romania

Introductory case summary

This case concerns the unfairness of criminal proceedings resulting from the annulment of a final judgment by the High Court of Cassation and Justice in 2003, following an application for nullity lodged by the Procurator General (violation of Article 6§1).

Following the annulment of this judgment, the applicant was convicted to a more severe prison sentence.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non- pecuniary damage

Costs and expenses

Total

-

3 200 EUR

-

3 200 EUR

Paid on 08/10/2010 ( with interest )

b) Individual measures

The European Court awarded the applicant just satisfaction in respect of non-pecuniary damage suffered. The authorities indicated that the applicant died on 09/06/2010.

The possibility of reopening criminal proceedings after a judgment of the European Court is provided by Article 408 1 of the Code of Criminal Procedure. However, according to the information at the authorities ’ disposal, the applicant ’ s heirs did not apply for the reopening of the criminal proceedings challenged by the judgment of the European Court .

In view of the above, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The general measures taken by the Romanian authorities are presented in the Final Resolution CM/ Re s DH (2011)27 adopted in the cases of Bota , Sergiu Popescu and Precup against Romania (judgments of 04/11/2008, 16/12/2008 and 27/01/2009).

III. Conclusions of the respondent State

The government considers that no further individual measure is required in this case, that the general measures adopted will prevent similar violations and that Romania has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 6 December 2012 at the 11 57 th Meeting of the Ministers’ Deputies .