CASE OF EȘANU AGAINST THE REPUBLIC OF MOLDOVA AND 1 OTHER CASE

Resolution CM/ResDH(2025)258 Execution of the judgments of the European Court of Human Rights Two cases against the Republic of Moldova   (Adopted by the Committee of Ministers on 17 September 2025 at the 1537th meeting of the Ministers’ Deputies)     Application No. Case Judgment of Final on 15230/18 Eșanu 31/01/2023 31/01/2023 6345/16 Petrenco and Others 14/09/2021 14/12/2021   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 detention not based on reasonable suspicion, lack of sufficient reasons for detention, unjustified refusal to hear evidence from witness in the determination of detention, as well as imposition of surety measure prohibiting the applicant from participating in public gathering without a legal basis;   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 reports and information 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, as well as the general measures adopted to prevent imposition of surety measure prohibiting the applicant from participating in public gathering without a legal basis (see documents DH-DD(2023)363, DH-DD(2025)708 and DH-DD(2025)815);   Considering that the question of individual measures was resolved given that the just satisfaction has been paid and the applicants were released from detention on remand;   Considering that the question of general measures to address the violation of Article 11 in the case of Petrenco and Others was also resolved, in view of awareness-raising activities organised for judges and prosecutors to prevent similar violations;     Recalling that the outstanding question of general measures to address violations relating to detention not based on reasonable suspicion, insufficient reasoning of detention decisions, unjustified refusal to hear witnesses when deciding pre-trial detention measures, and lack of remedy to obtain compensation continue to be examined within the framework of the Șarban group of cases, in the light also of the Court’s findings in present cases, and that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures;   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;   CONCLUDES that the general measures in response to the violation of Article 11 in the Petrenco and Others case have been adopted;   DECIDES to continue to supervise the adoption of the necessary general measures concerning various violations of the right to liberty and security in the Șarban group;   DECIDES to close the examination of these cases.