Resolution CM/ResDH(2022)221

Execution of the judgment of the European Court of Human Rights

D and Others against Romania

(Adopted by the Committee of Ministers on 22 September 2022 at the 1443 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

75953/16

D AND OTHERS

14/01/2020

22/06/2020

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 final judgment transmitted by the Court to the Committee in this case and to the violation of Article 13 in conjunction with Articles 2 and 3 of the Convention established in respect of the first applicant, due to the lack of automatic suspensive effect of the remedies available for arguable complaints that the implementation of expulsion measures subsequent to criminal convictions would expose the individuals concerned to a risk to life or a risk of ill-treatment;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

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

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the information provided by the government indicating the measures adopted to give effect to the judgment, and noting that no award of just satisfaction was made by the Court in the present case (see documents DH-DD(2020)1148 and DH-DD(2022)803 );

Considering, in view of the Court’s finding that the implementation of the expulsion order against the first applicant would not entail a violation of Articles 2 and 3 of the Convention, that no individual measure is required in this case;

Noting with satisfaction the legislative amendments enacted in July 2022 to provide automatic suspensive effect to appeals under the Code of Criminal Procedure when the individual concerned claims on arguable grounds that his/her expulsion would violate Articles 2 and/or 3 of the Convention, from the submission of the appeal until a final judicial decision is given, and welcoming the Romanian authorities’ prompt response to the judgment;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.