Resolution CM/ResDH(2024)392
Execution of the judgment of the European Court of Human Rights
Căşuneanu against Romania
 
(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
22018/10
CĂŞUNEANU
16/04/2013
16/07/2013
 
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 judgment transmitted by the Court to the Committee in this case and to the violations of Article 3 established on account of poor material conditions of detention and of Article 8 established on account of the leak to the press of excerpts from the prosecution file during criminal proceedings in 2010;
 
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 judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)1079);
 
Having noted the significant evolution of the relevant domestic legal framework since the material time, including the safeguards and remedies introduced to protect the privacy of individuals against the unauthorised disclosure of information from the prosecution file;
 
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment in relation to poor material conditions of detention continues to be examined within the framework of the Bragadireanu v. Romania (No. 22088/04) 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 those measures;
 
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.