Resolution CM/ResDH(2023)261

Execution of the judgment of the European Court of Human Rights

D. against Republic of Moldova

(Adopted by the Committee of Ministers on 21 September 2023 at the 1475 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

25397/09

D.

08/12/2020

08/12/2020

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 inhuman treatment in police custody, lack of effective investigation in this respect and the applicant’s unacknowledged detention (substantive and procedural violation of Article 3 and violation of Article 5 § 1);

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 reports provided by the government indicating the individual measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2021)729 and DH-DD(2023)759);

Considering that the question of individual measures was resolved, given that it was not possible to bring those responsible to justice, despite all reasonable steps taken by the authorities, and given that the applicant was released from police custody;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Levinţa group of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to inhuman treatment or torture in police custody, including with a view to extracting confessions, lack of effective investigations in this respect and lack of an effective remedy;

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

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning inhuman treatment in police custody and lack of effective investigation in this respect in the Levinţa group of cases;

DECIDES to close the examination of this case.