Resolution CM/ResDH(2022)401

Execution of the judgments of the European Court of Human Rights

Seven cases against the Republic of Moldova

(Adopted by the Committee of Ministers on 14 December 2022 at the 1452 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

2638/05

PETRU ROÅžCA

06/10/2009

06/01/2010

47861/12

ARMEANU AND VACARCIUC

30/11/2021

32510/09

CAZANBAEV

19/01/2016

19/04/2016

6343/11

GOREA

23/07/2013

23/10/2013

35208/06

PARNOV

13/07/2010

13/10/2010

50799/14

PREPELIÅ¢A

03/12/2019

03/12/2019

81/04

SAVITCHI

17/06/2008

17/09/2008

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of ill-treatment in police custody, lack of effective investigations in this respect and lack of an effective remedy (violations of Articles 3 and 13), as well as the failure to respect the right to a fair trial (violation of Article 6);

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 action report provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)1323 );

Noting with regret that no further individual measures appear possible in these cases given that after a new inquiry/investigation it was not possible to identify those responsible for ill-treatment or collect evidence that could confirm the applicants’ allegations, despite all reasonable investigatory steps taken and measures adopted to remedy the shortcomings identified by the Court, and given that all necessary individual measures have also been taken in respect of other violations found by the Court;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continue to be examined within the framework of Levința group of cases (No. 17332/03) and Plotnicova case (No. 38623/05);

Finally, recalling that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

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

DECIDES to close the examination of these cases.