European Court of Human Rights

Resolution CM/ResDH(2011)247¹

Execution of the judgment of the European Court of Human Rights

Nicuţ-Tănăsescu against Romania

(Application No. 25842/03, judgment of 6 July 2010, final on 6 October 2010)

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 applicant’s right to be brought promptly before a judge (violation of article 5, paragraph 3) (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)247

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

Nicuţ-Tănăsescu against Romania

Introductory case summary

This case concerns the fact that the applicant, whose detention was ordered by a prosecutor on 17/02/2003, was not brought before a judge promptly but only after 8 days (violation of Article 5§3).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The applicant was released on 17/07/2003.

Consequently, 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 Final Resolution CM/ResDH(2011)149 adopted in the case of Năstase-Silivestru against Romania (judgment of 04/10/2007).

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.