Resolution ResDH(2006)39 concerning the judgment of the European Court of Human Rights of 20 April 2004 (Friendly settlement) in the case of Bălăşoiu against Romania

(Adopted by the Committee of Ministers on 21 June 2006 , at the 966th meeting of the Ministers ’ Deputies)

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 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Balasoiu case delivered on 20 April 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 37424/97) against Romania , lodged with the European Commission of Human Rights on 5 December 1994 under former Article 25 of the Co n vention by Ms Georgeta Bălăşoiu, a Romania n national, and that the Court, seised of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the complaints that the investigation into her allegations of ill treatment by the police had not been effective and that the criminal proceedings which she had joined as a civil party had been excessively lengthy;

Whereas in its judgment of 20 April 2004 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its P rotocols, decided, unanimously to strike the case out of its list and took note of the parties ’ undertaking not to request a re ‑ hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Romania would pay the applicant, the sum of 8 500 euros in respect of non-pecuniary, pecuniary damage as well as costs and expenses, within three months as from the notification of the judgment and that simple interest would be payable on the sum at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points from the expiry of the above-mentioned three months until settlement;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the P resident shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 2 July 2004, within time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court ’ s judgment,

Declares, after having examined the information supplied by the Government of Romania , that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.