European Court of Human Rights

Resolution CM/ResDH(2011)75¹

Execution of the decision of the European Court of Human Rights

Ionescu and Negoiţă against Romania

(Application No. 22738/07, decision of 21 September 2010, friendly settlement)

The Committee of Ministers, under the terms of Article 39, paragraph 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of the terms of friendly settlements as set out in decisions of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the decision in this case, transmitted by the Court to the Committee;

Recalling that the applicants’ complaints in this case concerned the length and the outcome of civil proceedings (complaints regarding Articles 6, paragraph 1, of the Convention and 1 of Protocol No. 1);

Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicants, 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;

Whereas under this friendly settlement it was agreed that the government of the respondent state would pay the applicants 3 200 EUR, within three months as from the notification of the decision;

Recalling that, pursuant to Article 39, paragraph 3, of the Convention as amended, the Court’s decision to strike out a case declared admissible shall be confined to a brief statement of the facts and of the solution reached;

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with the Court’s decisions in fulfilment of its obligation under Article 46, paragraph 1, of the Convention;

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 9 December 2010, within the time-limit agreed under the terms of the friendly settlement, the government of the respondent state paid the applicants the sum provided in the friendly settlement and that no other measure was required in this case to comply with the Court’s decision;

DECLARES that it has exercised its functions under Article 39, paragraph 4, of the Convention with respect to the commitments subscribed to in this case and DECIDES to close its examination.