3564/11, EREMIA v. MOŁDAWIA - Rezolucja Komitetu Ministrów Rady Europy

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Rezolucja Komitetu Ministrów Rady Europy z dnia 7 grudnia 2017 r. 3564/11

UZASADNIENIE

Sentencja

Resolution CM/ResDH(2017)425 Execution of the judgment of the European Court of Human Rights Three cases against Republic of Moldova

(Adopted by the Committee of Ministers on 7 December 2017 at the 1302nd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

3564/11

EREMIA

28/05/2013

28/08/2013

61382/09

B.

16/07/2013

16/10/2013

74839/10

MUDRIC

16/07/2013

16/10/2013

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 established mainly on account of the authorities' failure to provide protection from domestic violence and the authorities' discriminatory attitude displayed towards the applicants based on their gender (violations of Articles 3 and 14 read in conjunction with Article 3);

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 in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2014)522, DH-DD(2015)1128, DH-DD(2017)1103);

Considering that the question of individual measures was therefore resolved, given that it appears that applicants are no longer at risk of being subjected to further domestic violence;

Noting that the question of the 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 T.M. and C.M. case and that the closure of these cases therefore in no way prejudges the Committee's evaluation of the general measures in relation to the State's positive obligations under Article 3 of the Convention to ensure effective protection from domestic violence;

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

DECIDES to close the examination thereof.