Resolution CM /ResDH(2007)56 [1]

Execution of the judgment of the European Court of Human Rights

RoÅŸca against Moldova

(Application No. 6267/02, judgment of 22 March 2005, final on 22 June 2005)

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 referred to as “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 right to a fair hearing and to the peaceful enjoyment of possessions, breached as a result of the quashing of a final judgment favourable to the applicant (violation of Article 6, paragraph 1 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 in order to comply with Moldova ' s 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, within the time-limit set, 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 in the judgment, 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;

Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix,

DECLARES 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(2007)56

Information on the measures taken to comply with the judgment in the case of

RoÅŸca against Moldova

Introductory case summary

The case concerns violations of the applicant ' s right to a fair hearing and to the peaceful enjoyment of his possessions since, in July 2001 the Supreme Court of Justice overturned a final judgment given by the appeal court on 17 April 2001 ordering that the equivalent of 8 959 euros should be paid to the applicant (violation of Article 6, paragraph 1 and Article 1 of P rotocol No. 1).

On 15 December 2004, after the applicant had lodged his application with the European Court , the Supreme Court of Justice, at the request of the Government Agent, annulled its judgment of July 2001 so that the judgment of 17 April 2001 consequently became once more final and enforceable.

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

3 500 EUR

2 000 EUR

690 EUR

6 190 EUR

P aid on 26/07/2005

b) Individual measures

The European Court considered that the domestic judgment of 15 December 2004 had restored the applicant to his rights. The initial judgment has now been enforced and the amount of 102 653 Moldovan Lei paid to the applicant on 16 May 2005. In addition, the European Court awarded the applicant just satisfaction in respect of the pecuniary and non-pecuniary damage sustained as a result of the overturning of the original judgment.

II. General measures

The law in force at the material time was repealed by the new Code of Civil P rocedure which entered into force on 12 June 2003. According to the new Code, final judgments may no longer be annulled on the basis of a request lodged by the P rosecutor General.

The judgment of the European Court has been translated, published and sent out to all judicial authorities, to the Department of Execution of Judicial Decisions and to other state organs.

III. Conclusions of the respondent state

The government considers that the measures taken will exclude similar, new violations in the future in Moldova and as a consequence has fulfilled its obligations pursuant to Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 20 April 2007 at the 992nd meeting of the Ministers’ Deputies