Resolution CM/ResDH(2025)260
Execution of the judgment of the European Court of Human Rights
Enache against Romania
 
(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
10662/06
enache
01/04/2014
01/07/2014
 
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 and 34 of the Convention established relating to the applicant’s automatic placement in a special detention regime and the poor material conditions of his detention, as well as the interference with his right of individual petition before the Court;
 
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 in order to give effect to the judgment - in particular the individualised assessment of the detention regime, the right to appeal this decision and stricter safeguards for the use of restraint measures, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see document
DH-DD(2025)799);
 
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment relating to the poor material conditions of detention continues to be examined within the framework of the Bragadireanu v. Romania (No. 22088/04) group of cases;
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
 
DECIDES to close the examination thereof.