Interim Resolution CM/ResDH(2022)49

Execution of the judgment of the European Court of Human Rights

N. against Romania

(Adopted by the Committee of Ministers on 9 March 2022 at the 1428 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

59152/08

N.

28/11/2017

28/02/2018

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 of the Court finding violations of Article 5, paragraphs 1 and 4, of the Convention, due to the applicant’s unlawful prolonged psychiatric confinement as a security measure and the authorities’ failure to secure his immediate release in conditions meeting his needs, as well as shortcomings in the judicial review of the applicant’s continued deprivation of liberty;

Recalling the Court’s and the Committee’s conclusions as to structural nature of the deficiencies found and underlining again, with great concern, the high risk of repetition of such violations of the right to liberty and security in respect of individuals belonging to a particularly vulnerable group, historically subject to prejudice with lasting consequences, resulting in their social exclusion;

Reiterating its grave concern at the authorities’ failure to provide information on any concrete measure taken or envisaged to address the deficiencies revealed by the judgment in relation to decisions to prolong placements in psychiatric hospitals as security measures and to safeguards against arbitrary or unlawful deprivations of liberty in this context;

Underlining the obligation of every State, under the terms of Article 46, paragraph 1, of the Convention to abide by the final judgments of the Court in any case to which they are a party, fully, effectively and promptly;

EXHORTED the authorities, at the appropriate level, to take, as a matter of urgency, all necessary action with a view to ensuring that the measures required to put an end to and guarantee non-repetition of the violations are defined and implemented without any further delay;

URGED the authorities to strengthen their dialogue with the Committee in the process of supervision of the execution of this judgment and STRONGLY ENCOURAGED them to engage in high level consultations with the Secretariat on how this can be achieved;

REQUESTED the authorities to inform the Committee of the measures planned and the time-table set for their implementation without any further delay and in any event no later than 1 September 2022.