CASE OF CIORCAN AND OTHERS AGAINST ROMANIA AND 1 OTHER CASE

Resolution CM/ResDH(2025)161 Execution of the judgments of the European Court of Human Rights Two cases against Romania   (Adopted by the Committee of Ministers on 3 July 2025 at the 1533rd meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 29414/09 CIORCAN AND OTHERS 27/01/2015 27/04/2015 17/04/2017 9637/16 ANDREEA-MARUSIA DUMITRU 31/03/2020 31/07/2020   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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of discrimination regarding the failure of the authorities to investigate possible racist motives at the origin of the treatment suffered by the applicants; right to life and protection against torture committed by police;   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 note on individual measures provided by the government indicating the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)903);   Considering that the question of individual measures was resolved, given that the domestic proceedings have been terminated due to the fact that the alleged crimes have become time barred;   Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Soare and Others v. Romania group of cases (Application No. 24329/02) also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the discrimination regarding the failure of the authorities to investigate possible racist motives at the origin of the treatment suffered by the applicants and to the right to life and protection against torture committed by police; DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;   CONCLUDES that the necessary individual measures have been adopted;   DECIDES to continue to supervise the adoption of the necessary general measures within the framework of the Soare and Others v. Romania group of cases (Application No. 24329/02) in relation to the discrimination regarding the failure of the authorities to investigate possible racist motives at the origin of the treatment suffered by the applicants and to the right to life and protection against torture committed by police;   DECIDES to close the examination of these cases.