CM/AS(2005)Quest465 final 3 October 2005
Written Question No. 465 to the Chair of the Committee of Ministers by Mr Holovaty: “Judgment of the European Court of Human Rights in the case of Ilaşcu and others v. Moldova and Russia”
Reply of the Chair of the Committee of Ministers
1 February 2005]
Noting the judgment of the European Court of Human Rights in the case of Ilaşcu and others against Moldova and the Russian Federation (Grand Chamber judgment, 08/07/2004),
Recalling that it concerns, inter alia, the illegal detention of the four applicants, following their arrest in 1992 and their trial by the “Supreme Court of the MRT”, as well as the ill treatment inflicted on them during their detention (violations of Articles 3 and 5 ECHR),
Noting that the Court called on both of the respondent States to take all necessary measures to put an end to the arbitrary detention of the applicants still imprisoned and secure their immediate release,
Noting further that, more than six months after the Court delivered its judgment, two of the four applicants are still imprisoned,
Noting also that this is only the second time that the Court has had to demand the immediate release of applicants who were still imprisoned, and the first time that this demand has not been followed by their immediate release,
Emphasising that respondent States are bound to abide by the judgments of the Court and that the Committee of Ministers is responsible for supervising the execution of the Court’s judgments,
to ask the Chair of the Committee of Ministers,
If he can inform the Assembly within one month of the measures the Committee of Ministers envisages taking, over and above regular inscription of this case on its agenda, in order to ensure that the respondent States comply with their obligation to take all necessary measures to secure the immediate release of the two applicants who are still imprisoned.
1. In view of the requirement by the Court, in its judgment, that the applicants still imprisoned are immediately released, the Committee of Ministers decided in September 2004 to examine this case at each of its meetings until the judgment was executed. The case has therefore been examined regularly since then at its regular and “Human Rights” meetings.
2. The applicants concerned having still not been released, the Committee of Ministers adopted two interim resolutions, in April and July 2005 respectively (Resolutions ResDH(2005)42 and ResDH(2005)84).
3. In the latter resolution, adopted on 13 July 2005, it stressed that “it is evident that (the) excessive prolongation of (the) unlawful and arbitrary detention” of the applicants, more than one year after the judgment was delivered, “fails entirely to satisfy the requirements of the Court's judgment”. The Committee encouraged “the Moldovan authorities to continue their efforts towards putting an end to the arbitrary detention of the applicants still imprisoned and securing their immediate release”; insisted that “the Russian authorities take all the necessary steps to put an end to the arbitrary detention of the applicants still imprisoned and secure their immediate release”; and decided to “resume its examination of this case at each of its meetings until the applicants have been released”.
4. The Committee of Ministers is determined to ensure that this judgment is executed without further delay, in accordance with the parties’ obligations under Article 46. It will therefore continue to examine this case at each of its meetings until the judgment has been fully executed.
5. Moreover, it should be noted that the failure, so far, to release the prisoners concerned is at variance with the undertakings given by the Heads of State and Government at the Third Summit regarding speedy and full execution of the Court’s judgments.