European Court of Human Rights

Resolution CM/ResDH(2011)149¹

Execution of the judgment of the European Court of Human Rights

Năstase-Silivestru against Romania

(Application No. 74785/01, judgment of 4 October 2007, final on 4 January 2008)

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 violations of the Convention found by the Court in this case concern the applicant’s right to be brought promptly before a judge and of her right to respect for her correspondence (violations of Article 5, paragraph 3, and Article 8) (see details in Appendix);

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

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

Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2011)149

Information about the measures to comply with the judgment in the case of

Năstase-Silivestru against Romania

Introductory case summary

This case concerns the fact that the applicant, whose detention was ordered by a prosecutor on 24/11/2000, was not brought promptly before a judge but only after 18 days (violation of Article 5§3).

The case also concerns a violation of the applicant’s right to respect for her correspondence in that the authorities withheld three letters addressed to the applicant by her family at least for a certain time during her detention (violation of Article 8). The European Court noted that Instructions No. 901 of 10/05/1999 of the Ministry of Interior, the basis for the measure at issue, was not available to the persons concerned and therefore the interference could not be considered as “in accordance with the law” (§53).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The applicant was released on 7/05/2001. The European Court awarded her just satisfaction in respect of non-pecuniary damage sustained.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

1) Violation of Article 5§3: The Code of Criminal Procedure was amended in 2003. At present, the judge has sole competence to order detention on remand (see §§ 22 and 32 of the judgment).

2) Violation of Article 8: The government referred to the measures taken following the judgment in the case of Cotleţ against Romania (38565/97), as set out in Resolution CM/ResDH(2010)180 (in particular the adoption of Law No. 275 of 4/06/2006 on serving sentences and compliance with measures ordered by judicial bodies during criminal trial). In addition, the authorities have indicated that Instructions No. 901 of 10/05/1999 of the Ministry of Interior are no longer in force.

The content of the present judgment was sent to the Superior Council of Magistracy, to the National Administration of Penitentiaries and to the Ministry of the Interior with a view to bringing it to the attention of all domestic courts and prosecutors’ offices and to other subordinate units, with the recommendation that it is included in the activities related to continued education of persons concerned.

III. Conclusions of the respondent state

The government considers that no individual measure is required apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Romania has thus complied with its obligations under Article 46, paragraph 1, of the Convention.