Resolution CM/ ResDH (2011)148 [1]

Execution of the judgment of the European Court of Human Rights

Iordache against Romania

(Application No. 6817/02, judgment of 14 October 2008, final on 14 January 2009)

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 violations of the Convention found by the Court in this case concern: the lack of access to a court due to substantial court fees, the prohibition of the exercise of parental rights automatically imposed on persons sentenced to imprisonment and absence of effective remedies in this respect (violations of Article 6, paragraph 1, and Articles 8 and 13) (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 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 (2011)148

Information about the measures to comply with the judgment in the case of

Iordache against Romania

Introductory case summary

This case concerns the lack of access to a court due to substantial court fees (violation of Article 6§1), the automatic prohibition of the exercise of parental rights imposed on persons sentenced to imprisonment and the absence of effective remedies in this respect (violation of Articles 8 and 13).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

9 000 EUR

4 650 EUR

13 650 EUR

Paid on 14/04/2009 (non-pecuniary damage) and 23/04/2009 (costs and expenses; the applicant ’ s lawyer waived interest in view of small amount)

b) Individual measures

The European Court awarded the applicant just satisfaction in respect of non-pecuniary damage sustained.

Regarding the violation of Article 6§1, it should be mentioned that Article 322§9 of the Romania n Code of Civil Procedure provides the possibility of reopening civil proceedings in cases in which the European Court has found a violation of the Convention.

Regarding the violation of Articles 8 and 13, following the European Court ’ s judgment, the criminal proceedings that led to the automatic prohibition on the exercise of parental rights by the applicant were reopened and the prohibition lifted.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The general measures taken by the Romania n authorities are presented in Final Resolution CM/ ResDH (2011)24 adopted in the case of Iorga against Romania , concerning the violation of Article 6§1 and Final Resolution CM/ ResDH (2011)73 adopted in five cases against Romania concerning criminal convictions of journalists for insult and/or defamation , among which the Sabou and Pîrcălab case, with respect to the violation of Articles 8 and 13.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures 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 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies