Resolution CM/ResDH(2023)140

Execution of the judgments of the European Court of Human Rights

Four cases against the Republic of Moldova

(Adopted by the Committee of Ministers on 7 June 2023 at the 1468 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

44719/10

GILANOV

13/09/2022

13/12/2022

53660/15

MOLDOVEANU

14/09/2021

14/12/2021

33418/17

O.P.

26/10/2021

26/01/2022

37760/18

SALINSCHI

06/09/2022

06/09/2022

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 mainly on account of detention on remand not based on reasonable suspicion, lack of relevant and sufficient reasons in court decisions ordering detention on remand and lengthy examination of habeas corpus requests;

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(2023)363 );

Considering that the question of individual measures was resolved given that the just satisfaction has been paid and that none of the applicants is detained on remand;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the group of cases Sarban v. Republic of Moldova and 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.