Resolution CM/ResDH(2023)63

Execution of the judgment of the European Court of Human Rights

Bădulescu against Portugal

(Adopted by the Committee of Ministers on 5 April 2023 at the 1462 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

33729/18

BÄ‚DULESCU

20/10/2020

20/01/2021

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 3 of the Convention established on account of overcrowding and poor material conditions in detention;

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 judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)991 );

Noting that the applicant has ceased serving his prison sentence and has been released, and that the just satisfaction awarded by the Court was paid, considering therefore that no further individual measures are required in this case;

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

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.