Resolution CM/ResDH(2023)23

Execution of the judgments of the European Court of Human Rights

Two cases against Romania

(Adopted by the Committee of Ministers on 22 February 2023 at the 1457 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

30008/13+

HALIP AND VELEA

14/06/2018

14/06/2018

44302/10

LEONTIUC

04/12/2012

04/03/2013

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 of Article 3 of the Convention established on account of overcrowding and poor material conditions in detention; having regard also to the violation of Article 5, paragraph 3, established in Leontiuc on account of the excessive length of the applicant’s detention on remand and to the one of Article 6, paragraph 1, established in Halip and Velea due to the excessive length of criminal proceedings;

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 individual measures adopted to give effect to the judgments (see document DH-DD(2022)1288 ) and the information provided regarding the payment of the just satisfaction awarded by the Court;

Noting that the applicant in Leontiuc was no longer in detention on remand and that the proceedings in question in Halip and Velea had been terminated at the time of the Court’s judgments; noting further that all the applicants have since ceased serving their prison sentence, and that the just satisfaction, where awarded, was paid, and considering therefore that no further individual measures are required in these cases;

Recalling that the general measures required to guarantee non-repetition of the violations of Article 3 continue to be examined in the framework of the Bragadireanu v. Romania group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of these measures;

Recalling further that the measures required to guarantee non-repetition of the violations of Article 5, paragraph 3, and of Article 6, paragraph 1, were or are examined by the Committee in the framework of the Calmanovici v. Romania (Resolution CM/ResDH(2014)13 ) and of the Vlad v. Romania groups of cases, respectively;

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

DECIDES to close the examination thereof.