CASE OF I.G. AGAINST THE REPUBLIC OF MOLDOVA AND 3 OTHER CASES

Resolution CM/ResDH(2024)432 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 11 December 2024 at the 1515th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 53519/07 I.G. 15/05/2012 15/08/2012 13424/06 N.A. 24/09/2013 24/12/2013 33708/12 I.P. 28/04/2015 28/07/2015 41086/12 A.P. 26/10/2021 26/01/2022 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 under Article 3 of the Convention due to the criminal investigations which fell short of the requirements to effectively investigate and punish all forms of rape and sexual abuse and the violation of Article 13 taken in conjunction with Article 3 of the Convention in the I.P. case on account of the lack of effective civil remedies to obtain compensation for the alleged rape; 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 measures adopted to give effect to the judgments, including the information regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)80); Considering that no further individual measures are possible given that: The applicant in the case of I.G. did not avail herself of her right to request the reopening of the judicial proceedings, which resulted in the discharge of the perpetrator due to procedural shortcomings, and that the reopening of these proceedings is regrettably no longer possible due to the prescription of the offence; In the case of N.A. five offenders were found guilty of rape, but regrettably relieved from serving the sentences due to the prescription of the offence and that in respect of the remaining alleged offenders, as well as the alleged offender in the case of I.P., the resumption of the criminal investigation is no longer possible due to the prescription of the relevant offences; In the case of A.P. the prosecution assessed the possibility to reopen the criminal investigation, but concluded that the shortcomings identified by the Court could not be rectified given the lapse of time since the events and that at the relevant time the perpetrator was under the age of criminal responsibility; Taking note of the general measures taken by the authorities, including legislative amendments to the Criminal Code and the Code of Criminal Procedure, as well as capacity building and training activities for the prosecutors and judges in the view of ensuring effective investigation into sexual offences, including against minors; 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 these cases and DECIDES to close the examination thereof.