European Court of Human Rights

Resolution CM/ResDH(2011)260¹

Execution of the judgment of the European Court of Human Rights

Marian Niţă against Romania

(Application No. 28162/05, judgment of 7 December 2010, final on 7 March 2011)

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 violation of the Convention found by the Court in this case concerns the breach of the principle of legal certainty as a result of the annulment by the High Court of Cassation and Justice of a final judgment acquitting the applicant, following an application for nullity lodged by the Procurator General (violation of Article 6, paragraph 1) (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)260

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

Marian Niţă against Romania

Introductory case summary

This case concerns the unfairness of criminal proceedings resulting from the annulment of a final judgment by the High Court of Cassation and Justice in 2005, following an application for nullity lodged by the Procurator General (violation of Article 6§1).

The applicant was acquitted by a final judgment of 07/10/2003. Following the annulment of this judgment, he was convicted of the crime of non-assistance of a person in danger and sentenced to two years’ imprisonment, which was subject to a pardon.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The European Court awarded the applicant just satisfaction in respect of non-pecuniary damage suffered.

Following the judgment of the European Court, the applicant lodged a request for review of the decision of the High Court of Cassation and Justice by which the final decision of 07/10/2003 has been quashed, in conformity with Article 408¹ of the Code of Criminal Procedure. The High Court of Cassation and Justice granted the request and re-examined the case. By a final decision of 07/11/2011, it dismissed the application for nullity lodged at the time by the Procurator General. Consequently, the decision of 07/10/2003 regained its binding force in respect of the applicant.

In view of the above, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The general measures taken by the Romanian authorities are presented in the Final Resolution CM/ResDH(2011)27 adopted in the cases of Bota, Sergiu Popescu and Precup against Romania (judgments of 04/11/2008, 16/12/2008 and 27/01/2009).

III. Conclusions of the respondent state

The government considers that no further individual measure is required in this case, 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.