Resolution CM/ResDH(2008)28 [1]

Execution of the judgments of the European Court of Human Rights

Mihalachi, Ermicev and Venera-Nord-Vest Borta A.G cases against Moldova concerning the right to a fair hearing and to the peaceful enjoyment of possessions

(Application No. 37511/02 , judgment of 09/01/2007 , final on 09/04/2007 )

(Application No. 42288/02 , judgment of 08/08/2006 , final on 08/11/2006 )

(Application No. 31535/03 , judgment of 13/02/2007 final on 13/05/2007 )

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern the right to a fair hearing and to the peaceful enjoyment of possessions, breached as a result of the quashing of final judgments favourable to the applicants (violations of Article 6§1 of the Convention and Article 1 of P rotocol No. 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 Moldova ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

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, within the time-limit set, the respondent state paid the a p plicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the 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

- 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 these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ResDH(2008)28

Information about the measures taken to comply with the judgments in the cases of Mihalachi, Ermicev and Venera-Nord-Vest Borta A.G cases against Moldova

Introductory case summary

These three cases concern the quashing of final judgments favourable to the applicants by the Supreme Court of Justice, on the request of P rosecutor General (violations of Articles 6§1 of the Convention and 1 of P rotocol No. 1).

I. P ayments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Mihalachi,37511/02

3 080

1 800

4 880

P aid on 19/06/2007

Ermicev, 42288/02

2 465 (lost rental revenue) + 29 000 (market value of the appartment)

2 000

300

33 765

P aid on 26/12/2006

Venera-Nord-Vest Borta A.G 31535/03

2 000

985

31 318

P aid on 19/07/2007

b) Individual measures

In these three cases, the European Court compensated the pecuniary and non pecuniary damages suffered by the applicants.

II. General measures

These cases present similarities to the RoÅŸca case (judgment of 22/03/2005, closed with Resolution CM/ResDH(2007)56) in which the Moldova n authorities have already adopted the necessary general measures. The law in force at the material time has since been repealed by the new Code of Civil P rocedure which entered into force on 12 June 2003. Under the new Code, final judgments may no longer be annulled on the basis of an annulment lodged by the P rosecutor General.

III. Conclusions of the respondent state

The government considers that the measures taken will prevent new, similar violations and that Moldova has thus complied with its obligations under Article 46 paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 27 March 2008 at the 1020th meeting of the Ministers’ Deputies