European Court of Human Rights

Resolution CM/ResDH(2010)149¹

Execution of the judgment of the European Court of Human Rights

Roşca against Romania

(Application No.75129/01, judgment of 6 July 2006, friendly settlement)

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the applicant’s complaints declared admissible in this case concerned the unfairness of certain criminal proceedings before military courts due the lack of impartiality of the military judges, the unlawfulness of the tapping of the applicant’s telephone communications as well as the use of the recordings of his telephone conversations thus obtained as evidence in the criminal proceedings (complaints under Article 6, paragraph 1 and Article 8);

Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;

Whereas under this friendly settlement it was agreed that the Government of the respondent state would pay the applicant 7 500 EUR, to cover pecuniary and non-pecuniary damage as well as costs and expenses, within three months as from the notification of the judgment;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 11 October 2006, five days after the expiry of the time-limit set, the government of the respondent state paid the applicant the sum provided in the friendly settlement and, having taken note of the fact that, in view of the minimal sum involved, the applicant had waived his right to default interest, and that no other measure was required in this case to comply with the Court’s judgment;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and DECIDES to close its examination.