European Court of Human Rights

Resolution CM/ResDH(2011)22¹

Execution of the judgment of the European Court of Human Rights

Konolos against Romania

(Application No. 26600/02, judgment of 7 February 2008, final on 7 May 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 violation of the Convention found by the Court in this case concerns the unlawful detention of the applicant in 2002, following an order by the Supreme Court prolonging his detention on remand without specifying its length (violation of Article 5, 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 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)22

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

Konolos against Romania

Introductory case summary

The case concerns the unlawful detention of the applicant, from 21/04 to 5/08/2002 in that the Supreme Court’s order of 22/03/2002 prolonging his detention on remand did not specify its duration, contrary to Article 149 of the Code of Criminal Procedure, as interpreted by the Romanian Constitutional Court (violation of Article 5§1).

In this respect, the Court noted that the Constitutional Court had considered that despite the lack of specific procedure at the time of the events, domestic courts were obliged to supervise the lawfulness of detention every thirty days until the end of proceedings (§50 of the judgment).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The European Court noted that the applicant had been freed. It also awarded him just satisfaction in respect of non pecuniary damage. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The European Court noted that since the entry into force of Law No. 281/2003 (published on 1/07/2003), the Code of Criminal Procedure has expressly provided the obligation of domestic courts regularly to verify the legality and the appropriateness of continuing detention on remand (§27 and 52 of the judgment).

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.