Resolution CM/ResDH(2022)332

Execution of the judgment of the European Court of Human Rights

Timus and Tarus against the Republic of Moldova

(Adopted by the Committee of Ministers on 8 December 2022 at the 1451 st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

70077/11

TIMUS AND TARUS

15/10/2013

15/01/2014

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 violations established on account of the killing of the applicants’ brother in a police operation and ineffective investigation thereof, as well as the lack of effective civil-law remedies in this respect (violations of Article 2 of the Convention, and of Article 13 in conjunction with Article 2);

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 revised action report provided by the government indicating the measures adopted to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)923 );

Considering that no further individual measures are feasible, given that after a new investigation it was not possible to collect sufficient evidence to prosecute the perpetrator, despite all reasonable investigatory steps taken and measures adopted to remedy the shortcomings identified by the Court;

Noting the general measures adopted, in particular the new domestic legislation and regulations on the use of firearms, the system of professional training and regular assessment of police officers and existing procedures for documenting incidents involving the use of firearms, reporting them and reviewing the legality of such use;

Recalling that the general measures aimed at ensuring the independence and effectiveness of criminal investigations against police officers and those addressing the lack of effective civil remedy by which to claim compensation for wrongful actions of state agents are examined in the context of the Levinţa group of cases (No. 17332/03);

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.