10865/09, MOCANU I INNI v. RUMUNIA - Rezolucja Komitetu Ministrów Rady Europy

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Opublikowano: www.echr.coe.int

Rezolucja Komitetu Ministrów Rady Europy z dnia 7 czerwca 2018 r. 10865/09

UZASADNIENIE

Sentencja

Resolution CM/ResDH(2018)229 Execution of the judgment of the European Court of Human Rights Mocanu and Others against Romania

(Adopted by the Committee of Ministers on 7 June 2018at the 1318th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

10865/09+

Mocanu and Others

17/09/2014

Grand Chamber

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 of Articles 2 and 3 of the Convention due to the lack of an effective investigation into the death of the husband of the applicant Ms Mocanu and the ill-treatment suffered by the applicant Mr Stoica during the crackdown on anti-governmental demonstrations carried out in June 1990 in Bucharest; having also regard to the violation of Article 6, paragraph 1, on account of the excessive length of the investigation into the ransacking of the applicant association's headquarters during the same events;

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 in this respect (see DH-DD(2017)366-rev and DH-DD(2018)346), including regarding the payment of the just satisfaction awarded by the Court;

Noting, as regards the individual measures in respect of Ms Mocanu and Mr Stoica, that the investigation at issue in this case, reopened in respect of the facts alleged by Mr Stoica, has been concluded and that in June 2017, 14 persons were committed to the High Court of Cassation and Justice to stand trial on charges of crimes against humanity;

Recalling that the investigation in respect of the facts alleged by the applicant association had been definitively closed by the time the Court gave its judgment;

Having noted with satisfaction, in the context of its supervision of the execution of this judgment and of the other judgments of the group Association "21 December 1989" and Others, the general measures adopted to guarantee the statutory independence of military prosecutors, the access of judges and prosecutors to classified information and the co-operation of state authorities and other legal entities with the investigating authorities in the context of criminal investigations; having considered that these measures are of a nature to prevent similar shortcomings to those found by the Court in the investigation at issue in this case;

Recalling that the issues related to the excessive length of criminal proceedings and to the effectiveness of the remedies available in this respect are examined in the context of the group Vlad and Others;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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.