Ministers’ Deputies
Information documents

CM/Inf/DH(2009)31 rev … … 27 November 20091
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Moldovan and others (No. 1 and No. 2) and other similar cases against Romania

Examination of the state of execution of general measures

Memorandum prepared by the Department for the Execution of Judgments of the European Court of Human Rights in the light of the information provided by the Romanian authorities up to 02/10/2009.

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On 16 June 2009, bilateral consultations took place in Bucharest between the authorities concerned by the execution of these judgments and the Secretariat, on the basis of the initial version of this memorandum declassified by the Committee of Ministers at its 1059th meeting (DH) (2-4 June 2009).

Following these consultations, the memorandum was updated in order to include the additional information gathered during and following these consultations until 2 October 2009 and also its assessment. The Romanian authorities provided further information on 26 November 2009, which is still under assessment.

To facilitate the reading of this document, the updated parts are highlighted in grey.

INDEX

I. INTRODUCTION 3
II. UNDERTAKINGS GIVEN BY THE ROMANIAN AUTHORITIES 3
III. INFORMATION PROVIDED BY THE AUTHORITIES ON THE MEASURES TAKEN OR ENVISAGED TO FULFIL THEIR UNDERTAKINGS 4

IV. OTHER RELEVANT INFORMATION 9
V. ASSESSMENT – PENDING ISSUES 9

I. INTRODUCTION

1. Moldovan and others group of cases2 concerns the improper living conditions of Roma villagers, following racially motivated violence against them and the destruction of their homes which took place between 1990 and 1993 in three areas: Hădăreni village (Mureş County) and in both Plăieşii de Sus and Caşinul Nou communities (Harghita County). It also concerns the authorities' general attitude, including their repeated failure to put an end to breaches of Roma applicants' rights, perpetuating their feelings of insecurity (Article 3, Article 6, Article 8, Article 13 and Article 14 in conjunction with Articles 6 and 8).

2. The Moldovan and others case originally involved 25 applicants, of whom 18 agreed to a friendly settlement of their case (see Moldovan and others v. Romania (No. 1)). In the context of the Kalanyos and others and Gergely cases, the authorities made unilateral declarations by which they accepted that the events at issue had constituted violations of the Convention.

3. The purpose of this memorandum is to present the current state of implementation of this group of cases in respect of general measures. It does not focus on questions related to individual measures, which are presented in the Annotated Agenda, and general policies related to the protection of national minorities (adopted by the Romanian authorities also within the framework of other international organisations).

II. UNDERTAKINGS GIVEN BY THE ROMANIAN AUTHORITIES

4. Both in the context of the friendly settlement and the unilateral declarations, the Romanian authorities undertook, aside from the payment of certain sums to the applicants, to adopt a number of general measures3. The Committee of Ministers acknowledged that these undertakings could also serve, mutatis mutandis, as a basis for the assessment of the implementation of general measures taken or envisaged for the execution of the judgment on merits in the Moldovan and others case (No. 2).

5. The undertakings given by the Romanian authorities concern the three communities affected by the events between 1990 and 1993. They may be grouped in three main clusters aimed, in particular, at:

      a. Elimination of various forms of Roma discrimination and possible conflicts, in particular by:

        - enhancing the educational programmes for preventing discrimination against Roma in the school curricula;
        - drawing up public information programmes to dispel stereotypes, prejudices and practices towards the Roma community;
        - initiating legal education programmes, together with the members of the Roma communities, and ensuring the eradication of racial discrimination within the Romanian judicial system;
        - supporting positive changes in public opinion concerning Roma on the basis of tolerance and the principle of social solidarity;
        - identifying, preventing and actively solving conflicts likely to generate family, community or inter-ethnic violence.

      b. Stimulation of the Roma participation in the economic, social, educational, cultural and political life of the local community by promoting mutual assistance and community development projects.

      c. Implementation of programmes to rehabilitate housing and the environment in the communities.

6. Furthermore, in the context of the friendly settlement, the government undertook to prevent similar problems in the future by carrying out adequate and effective investigations and by adopting social, economic, educational and political policies to improve the conditions of the Roma community in accordance with the government's present strategy in this respect. In particular, it declared that it would undertake general measures as required by the specific needs of the Hădăreni community in order to facilitate the general settlement of the case, taking also into account the steps which have already been taken with this aim, such as rebuilding some of the houses destroyed.

III. INFORMATION PROVIDED BY THE AUTHORITIES ON THE MEASURES TAKEN OR ENVISAGED TO FULFIL THEIR UNDERTAKINGS

A. Procedural and budgetary aspects

1. Preparation of the programme for the Hădăreni community

7. Following the judgment adopted in the Moldovan and others case (No. 1), the National Agency for Roma (NAR) 4, a governmental agency, drafted a General Plan of Action to be implemented gradually, which should involve both governmental and non-governmental resources. In accordance with this action plan, on 12-13 September 2005, a group of 30 governmental and non-governmental experts went to Hădăreni to facilitate the dialog among the authorities, the NGOs and the community members on the need to implement the government’s undertakings and to identify the human resources belonging to the Hădăreni community capable of assisting with the implementation.

8. Subsequently, ten experts were selected, out of thirty candidates, and entrusted with the organisation and implementation of a community development plan at the local level. Those experts, together with the members of the local community, identified the community problems and their possible solutions, selected the fields of activities and the types of projects to be carried out.

9. As result of the actions described in §§ 7-8, the NAR drafted the “Community Development Programme in Hădăreni”, which was adopted by Government Decision No. 523, published in the Official Journal no. 385 of 4/05/2006.

10. The programme was to be implemented between 2006 and 2008, and was endowed with a total budget of 3,487,000 RON, divided into three parts allocated progressively each year: in 2006 – 2,098,236 RON (590,900 EUR), in 2007 – 958,747.58 RON (270,000 EUR) and in 2008 – 430,016 RON (121,000 EUR).

11. The primary responsibility for the implementation of the programme was allocated to the NAR, which was assigned with the task of “coordinating, implementing, monitoring and evaluating” the programme. Decision No. 523 also committed the NAR to adopt, within 30 days, a management methodology, as well as procedures for implementation, monitoring and evaluation.

12. The methodology prepared by the NAR, published on 3/08/2006, identified the principles guiding the implementation of the programme, including transparency in relation to spending, the principles of community participation and partnership, the principle of ensuring an optimal costs/efficiency ratio and the principle of an integrated approach to the beneficiaries’ problems.

13. The methodology laid great emphasis on the issues of monitoring and accountability, and reaffirmed the crucial role of the NAR. The latter would serve as a “clearing house”, to which all programme implementation reports (annual, quarterly, monthly with regard to both the descriptive and financial aspects of the activities) would be transmitted in order to ensure the efficient and transparent management of the programme. This methodology was subsequently supplemented by the orders of the head of the NAR, adopted in August and September 2006. The effective implementation of the programme started in September 2006.

14. By Government Decision No. 734/2007, published in the Official Journal No. 747 on 16/07/2007, the implementation of the programme was transferred to the United Nations Development Programme (UNDP)5, whereas the supervision and the assessment of the implementation remained with the NAR.
15. The details of the cooperation between the NAR and the UNDP were regulated by an agreement between both parties, appended to Government Decision No. 734/20076. According to the agreement, the UNDP was to be responsible for efficient management of the programme from the administrative, financial and technical point of view. Further, the UNDP undertook to act on behalf of the NAR, not to create any obligations on behalf of the NAR and to specify in all the information documents, booklets and folders that the programme was financed by the Romanian Government through the NAR.

16. These developments were reflected in the re-allocation in the budget of the sums foreseen for spending between 2006-2008. Thus, out of the remaining sum foreseen originally for the implementation of the Hădăreni programme, 958,748.58 RON were allocated for expenditure in 2007 and 2,160,357.56 RON for 2008. Under the provisions of Government Decision No. 734/2007, the funds were to be available until 15/12/2008. The UNDP was to contribute to the programme 10% of the total amount foreseen for the 2007-2008 time frame. Any state funds not used until that date should be returned to the state budget.

17. On 27/08/2008 the Government adopted Decision No. 980, published in the Official Journal no. 628 of 29/08/2008, in which it transferred to the NAR 2,160,357 RON. On 10/09/2008 the programme was continued by the UNDP and the NAR, with the participation of a local initiative group, the representatives of local public authorities and a representative of the National Council for Combating Discrimination7.

2. Preparation of the programme for Plăieşii de Sus and Caşinul Nou communities

18. On 8/10/2008 the Romanian Government adopted a decision aiming at the approval of the “Community Development Programme concerning the prevention of and combating discrimination in Plăieşii de Sus and Caşinul Nou (community Plăieşii de Jos, Harghita County) and the budget for the period of 2008-2009”.

19. The sums necessary for the financing of this programme are to be assigned from the budget of the National Council for Combating Discrimination, which is to co-ordinate the implementation of the programme and supervise its financial development. The Government’s decision foresees the amount of 430,000 RON (112,000 EUR) for 2008 and 520,000 RON (136,000 EUR) for 2009.

20. The activities, foreseen by the Government Decision, which should be implemented by the National Council for Combating Discrimination, include:

    - the conduct of a public information campaign with a view to eliminating stereotypes and prejudices with respect to the Roma community;
    - the organisation of professional training and thematic seminars for magistrates, teachers, policemen and other categories of public officials concerned regarding preventing and fighting discrimination;

- judicial training, the preparation and dissemination of information material on the fight against discrimination.

21. The Decision also provides for the carrying out, between February and July 2009, of an analysis of the infrastructure needs in the Plăieşii de Sus and Caşinul Nou communities under the direction of the National Council for Combating Discrimination.

22. During the bilateral consultations of June 2009, the authorities specified8 that one of the reasons for which the budget for this programme was lower that that of Hădăreni Programme was that the houses that had been destroyed during the incidents of 1990 and 1991 had been rehabilitated during the period 1990-1993 by the Catholic Church. In addition, the lecturers giving the courses on non-discrimination did not receive any fee for their work.

23. Concerning the reasons for assigning the implementation of the programmes to a different authority, the authorities specified that this decision had been motivated especially by the experience of experts of the National Council for Combating Discrimination in the field, the experience gained in implementing PHARE programs in the field of non-discrimination, the transparent collaboration with non-governmental organisations and the membership of this authority of the European network for specialised equality bodies (EQUINET).

B. Measures adopted and under way

1. Hădăreni community

24. The activities undertaken by the Romanian authorities in 2006 were presented in the document prepared by the NAR: “The stage of implementation of the Hădăreni programme in December 2006”. After the transfer of the programme files by the NAR to the UNDP, in September 2007, the latter was to present the annual reports, which were to contain the programme activities, their results and impact, as well as details of the financial issues, including documentary evidence. The UNDP reports have not yet been provided to the Committee of Ministers.

a. Elimination of various forms of Roma discrimination and possible conflicts

    25. Various measures were adopted by the Romanian authorities in this area :

    § Organisation of an information campaign and stimulation of civic participation with the involvement of ten Roma and non-Roma students (November 2006):

        – interviews with villagers;
        – preparation of trilingual information booklets;
        – film exhibits;
        – two visits for the exchange of experiences of the Local Committee of Hǎdǎreni to Nemşa (Sibiu) and to Stântu Gheorghe;
        – implementation of an intercultural project – a poster and essay competition on the subject “Together for my village”, and a cultural activity for the promotion of inter-culturalism.

§ Organisation of training sessions for a group of twenty employees of the Local Committee of the management of the Hădăreni programme (October-December 2006), including training on negotiation and prevention of conflicts (11-12 November 2006).

§ Development of professional training for public health mediators (six persons trained: two of Roma, two of Romanian and two of Hungarian origin) who should carry out their duties in Hădăreni (October 2006).

§ Organisation of professional training for journalists from the local press of four adjacent counties in order to reduce stereotypes, prejudices and practices encouraging discrimination in the Hădăreni community (October 2006).

§ Organisation of professional training on inter-ethnic communication addressed to the employees of the public institutions in the Luduş locality, the policemen and gendarmes, physicians, the public health mediators, the teachers and the civil servants of the administration of Luduş town (November 2006).

§ Creation of a centre for educational documentation (December 2006).

§ The authorities had also planned, at the end of 2006, to organise professional training for teachers of the Hădăreni school and an information campaign for children aimed at promoting human rights, and preventing and combating discrimination. Information is expected on the follow-up given to this project.

b. Stimulation of the Roma participation in the economic, social, educational, cultural and political life of the local community by promoting mutual assistance and community development projects

    26. In order to implement this undertaking the following activities were carried out:

    § Training in skills required by the labour market (December 2006).

    § Information, education and communication campaign (preparation of information material in two languages; conduct of “door-to-door” campaign) in the field of access to public health services (November 2006).

c. Implementation of programmes to rehabilitate housing and the environment in the communities

    27. Following the initial evaluation of the needs of the community, the following activities were carried out:

    § Rehabilitation of six houses belonging to Roma affected by the conflict of 1993 (value of the contracts – 210,560.42 RON in 2007 and 110,000 RON in 2008).

    § Rehabilitation of seven kilometres of the local road in Hădăreni village (value of the contract – 229,800 RON in 2007);

    § Rehabilitation of the community centre in Hădăreni village (value of the contracts – 222,413.11 RON in 2007 and 125,628 RON in 2008);

    § Rehabilitation of the local school in Hădăreni village (value of the contracts – 225,064.31 RON in 2007 and 196,298 RON in 2008);

    § Furnishing and provision of the local school with IT equipment (value of the contracts – respectively 97,960.80 RON and 12,815 RON in 2007).

2. Plăieşii de Sus and Caşinul Nou communities (included in the community of Plăieşii de Jos, Harghita County)

28. In the context of implementing the programme elaborated in October 2008 for these two communities (see §§ 18 to 21), the following measures were adopted9:

      a. Elimination of various forms of Roma discrimination and possible conflicts

29. In order to fight against discrimination and possible conflicts, various training measures and awareness-raising were adopted:

    § Organisation of professional training for school inspectors of Harghita County and teachers from Plăieşii de Sus and Caşinul Nou communities (17-20 November 2008).

    § Organisation of professional training for magistrates of Harghita County including the presentation of the European Court of Human Rights’ case-law in the field of non-discrimination (9-12 March and 23-26 March 2009).

    § Organisation of a campaign for information and rejection of stereotypes, judgments and practices affecting the Roma community, addressed to school inspectors of Harghita County and teachers from Plăieşii de Sus and Caşinul Nou communities (May 2009).

    § Organisation of professional training for policemen of Harghita, Covasna and Mures Counties (18-21 May 2009).

      b. Stimulation of the Roma participation in the economic, social, educational, cultural and political life of the local community by promoting mutual assistance and community development projects

30. Information in this respect is awaited from the authorities.

      c. Implementation of programmes to rehabilitate housing and the environment in the two communities

31. The houses destroyed during the incidents of 1990 and 1991 were rehabilitated during the period 1990-1993 by the Catholic Church.

32. In May-June 2009, an analysis aimed at identifying the infrastructure needs in the Plăieşii de Sus and Caşinul Nou communities (see §21) was carried-out. The specialists in charge of this analysis presented the first part of their report, which identifies the needs concerning the access to education, to health services and to certain public services such as water, drainage, electricity and sanitation services; measures seem also necessary for insuring decent living conditions and access to labour and economic activities.

33. Regarding the educational system, the following needs have been identified concerning the schools and kindergartens of Plăieşii de Sus:

    - renovation of the building and annexes;
    - replacement of the doors and windows;
    - rehabilitation of the heating system;
    - rehabilitation of the electricity network;
    - renewal of the sanitary units.

34. It transpired from the declarations of local authorities that the necessary funds had been identified for implementing the last four needs mentioned in the previous paragraph.

35. It has also been identified that the health system suffers from the absence of medical units in the schools.

36. Regarding the access to public utilities, the analysis revealed the following problems:

- the absence of a water network in all the communities of Plăieşii de Jos, the acces to running water being accomplished by using fountains;
- the absence of a drainage service in all the communities of Plăieşii de Jos;
- insufficiencies related to public illumination and to connection to the electricity network;
- improvements concerning the road system.

37. Concerning the access to accommodation, a clear difference was noted between the situation of Roma people and that of the rest of the inhabitants of Plăieşii de Jos. It was especially revealed that the Roma communities are concentrated on the outskirts, or even beyond in the case of the Caşinul Nou village. In addition, only 10% of the Roma hold title deeds their lands and houses.

38. Finally, the analysis revealed that access to labour and economic activities was endangered by the restructuring or the closure of most economic units. The active population of Roma community is living essentially a social help and/or children’s allowances.

39. No information is at present available on measures envisaged to respond to the needs identified.


IV. OTHER RELEVANT INFORMATION

40. In March 2009, several observations were submitted by the European Roma Rights Centre (ERRC)10 under Rule 9§2.

41. With respect to the Hădăreni Programme, the ERRC has criticised in particular:

    - the implementation of the programme, in particular the failure by the authorities to provide adequate housing to the applicants, the quality of the construction work already carried out and the non-completion of a special industrial building for development of economic activities by Roma;

    - late transfers of money foreseen for the implementation of the programme, namely the final three months of each year, the period which is the least favourable for major construction work due to adverse weather conditions;

    - the mechanism set up for the evaluation of the programme, in particular, the lack of independent control resulting from the involvement of the NAR both in the implementation and monitoring phases.

42. As to the two other communities, the ERRC has criticised the fact that almost two years after the adoption of the judgments in these cases by the European Court, the programmes concerning these localities have only been drafted.

43. In their response to this submission, the Romanian authorities presented the information about the state of implementation of both programmes and expressed their intention to continue the Hădăreni programme in 2009.

44. In June 2009, observations concerning the Hădăreni programme were submitted to the Committee of Ministers by four non governmental organisations (Accept Association, Centre for Legal Resources, PRO EUROPE League and ROMANI CRISS) under Rule 9 § 2.

45. In these observations, they criticised in particular:

    - the difficulties and the delays in the allocation of the necessary funds for the implementation of the programme;
    - the uncertainty related to the date of the finalisation of the programme;
    - the lack of financial transparency of the programme;
    - the realisation in haste and during winter of infrastructure work and housing repairs.

46. They recommended the development of a new two-year project for continuing the activities aimed at combating discrimination and for finalising the reconstruction of the houses and the activities of infrastructure development.

47. In their response to this submission, the Romanian authorities mentioned that the Hădăreni programme was to be continued for a period of two years (2009-2010) and that the budget not used up to present was to be allocated for the implementation of remaining activities. They specified that a partial change of the team monitoring the implementation of the programme was envisaged in order to include persons from non-governmental organisations and to ensure the involvement in the programme of certain institutions with competence in the infrastructure field.

V. ASSESSMENT – PENDING ISSUES

1. Hădăreni community

    a) Implementation of the Hădăreni programme between 2006 and 2008

48. Information provided by the Romanian authorities demonstrates that the programme implemented from 2006 to 2008 in respect of that community deals with the undertakings made in the context of the Moldovan case: numerous activities related to prevention of discrimination and integration of Roma were carried out in 2006, other activities, in particular those related to the rehabilitation of housing and environment were carried out in 2007 and 2008.
49. In the light of information submitted both by the Romanian authorities and by non-governmental organisations it appears that there have been delays in the transfers of money, the reasons for which should be clarified, bearing in mind that appropriate financing of the programme is crucial for the proper implementation of the undertakings given by the Romanian authorities and that this issue may be relevant for future actions.

50. The authorities have made no submission as to the qualitative assessment of the Hădăreni Programme for 2006-2008 (see methodology adopted at the outset of the programme, described under §§ 11-14 of the present memorandum). Information is thus needed on the authorities’ assessment of the impact of the measures already adopted and of the need for further measures, also in the light of the criticism expressed by the non governmental organisations.

    b) Implementation of the Hădăreni programme starting from 2009

51. It is noted with interest that the Romanian authorities planned to continue the programme in 2009 and 2010 (see §§ 43 and 47). However, no information has been submitted on the concrete measures implemented starting with 2009. Further information is thus needed in this respect.

52. In response to the criticism expressed by the non-governmental organisations, the authorities indicated their intention to proceed to a partial change of the team monitoring the implementation of the programme in order to include persons from non-governmental organisations. Clarifications on the follow up of this project would be useful.

53. As in the case of the preceding period, it will be important that the authorities proceed in due time to a qualitative assessment of measures adopted, starting from 2009 in order to be make it possible to draw the necessary consequences (see § 50 above).

54. In order to facilitate the monitoring of this programme and in accordance with the practice of the Committee11, it would also be useful that the authorities submit a provisional calendar for the implementation of activities provided by the programme at issue (see also the criticism expressed by the non governmental organisations concerning the finalisation of the programme).

    2. Plăieşii de Sus and Caşinul Nou communities

55. As in the case of Hădăreni community, information is necessary on the assessment by the authorities of the impact of the measures adopted and on the necessity of additional measures.

56. In this context, it is to be noted that according to information submitted, the analysis carried out for identifying the infrastructure needs in the Plăieşii de Sus and Caşinul Nou communities resulted initially only in a partial report from the experts. Information is thus awaited on the additional findings of the experts and on measures envisaged in the light of the results of this analysis.

57. In this context, it is recalled that the implementation of this programme was initially foreseen for the period 2008-2009 and that in the light of the information available up to present the entire amount allocated for it has not been spent. Information is thus awaited on the continuation of the programme, its objectives and its financing.

58. As in the case of Hădăreni programme, it seems important that the authorities submit a provisional calendar for the adoption of activities envisaged or in progress.

Appendix

1. Declaration made by the Romanian authorities in the context of the Moldovan and others (No.1) case (Application No. 41138/98+)
(Excerpt from the judgment of 5/07/2005 - Friendly settlement)

[…]
29. By letters of 18 May and 19 October 2004 the Government made the following declaration:

“1. I declare that the Government of Romania offer to pay ex gratia to the applicants mentioned in the annex to this declaration an all-inclusive amount of EUR 262,000 (two hundred and sixty-two thousand euros) with a view to securing a friendly settlement of their applications registered under Nos. 41138/98 and 64320/01. The individual awards are set out in the annex to this declaration.

This sum, which also covers legal expenses connected with the case, shall be free of any tax that may be applicable and shall be paid in euros, to be converted into Romanian lei at the rate applicable at the date of payment, to a bank account named by the applicants and/or their duly authorised representatives. This sum shall be payable within three months from the date of the notification of the judgment delivered by the Court pursuant to Article 39 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement, simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. This payment will constitute the final settlement of the case, including the applicants’ civil claims before the domestic courts.

2. The Government sincerely regret the failure of the criminal investigation to clarify fully the circumstances which led to the destruction of the applicants’ homes and possessions, which left them living in improper conditions thus obliging a number of them to leave their village, and rendered difficult the applicants’ possibility of filing a civil action. It also regrets the length of the civil proceedings before the domestic courts and certain remarks made by some authorities as to the applicants’ Roma origin.

3. It is accepted that such events pose problems under Articles 3, 6 and 8 and of the Convention and, given the consequences of the destruction of the homes and the ensuing emotional suffering, exceptional issues may arise under Article 3 of the Convention, as well as under Article 14. The Government undertake to issue appropriate instructions and to adopt all necessary measures to ensure that the individual rights guaranteed by these Articles are respected in the future. In particular, the Government undertake to adopt the following general measures:

- enhancing the educational programs for preventing and fighting discrimination against Roma within the school curricula in the Hǎdǎreni community, Mureş County;

- drawing up programs for public information and for removing the stereotypes, prejudices and practices towards the Roma community in the Mureş public institutions competent for the Hǎdǎreni community;

- initiating programs of legal education together with the members of the Roma communities;

- supporting positive changes in the public opinion of the Hǎdǎreni community concerning Roma, on the basis of tolerance and the principle of social solidarity;

- stimulating Roma participation in the economic, social, educational, cultural and political life of the local community in Mureş County, by promoting mutual assistance and community development projects;

- implementing programs to rehabilitate housing and the environment in the community;

- identifying, preventing and actively solving conflicts likely to generate family, community or inter-ethnic violence.

Furthermore, the Government undertake to prevent similar problems arising in the future by carrying out adequate and effective investigations and by adopting social, economic, educational and political policies in the future to improve the conditions of the Roma community, in accordance with the existing strategy of the Government in this respect. In particular, it shall undertake general measures as required by the specific needs of the Hădăreni community in order to facilitate the general settlement of the case, also taking into account the steps which have already been taken with this aim, namely the rebuilding of some of the destroyed houses.

4. The Government consider that the supervision by the Committee of Ministers of the Council of Europe of the execution of Court judgments concerning Romania in these cases is an appropriate mechanism for ensuring that improvements will continue to be made in this context.

5. Finally, the Government undertake not to request the reference of the case to the Grand Chamber pursuant to Article 43 § 1 of the Convention after the delivery of the Court’s judgment.”
[…]

2. Declaration made by the Romanian authorities in the context of the Gergely case (Application No. 57885/00)
(Excerpt from the judgment of 26/04/2007, final on 26/07/2007 - Striking-out)

[…]
16. On 8 December 2006 the Court received the following declaration from the Government:

“1. The Government sincerely regret the failure of the criminal investigation to clarify fully the circumstances which led to the destruction of the applicant's home and possessions, which left her living in improper conditions, rendered difficult her possibility of filing a civil action for damages, as well as the exercise of her right to respect for home, private and family life. The Government also regret that remedies for the enforcement of rights in the Convention generally lacked at the time when the applicant was seeking justice in domestic courts, and that certain remarks were made by some authorities as to the applicant's Roma origin.

It is therefore accepted that such events constitute violations of Article 3 (prohibition of torture), Article 6 (right to a fair trial), Article 8 (right to respect for private and family life), Article 13 (right to an effective remedy) and Article 14 (prohibition of discrimination) of the Convention.

2. I, Mrs. Beatrice Rămăşcanu, agent of the Government of Romania before the European Court of Human Rights, declare that the Government of Romania offer to pay ex gratia to the applicant, Irene Gergely, the amount of EUR 36,500 (thirty six thousand five hundred euros).

The Government undertake to pay the amount of EUR 1,615 (one thousand six hundred and fifteen euros) in costs and expenses incurred by the applicant's representative, the European Roma Rights Centre. This amount shall be paid in euros to a bank account named by the ERRC.

These sums shall be free of any tax that may be applicable and shall be payable within three months from the date of the notification of the striking-out judgment of the Court pursuant to Article 37 of the European Convention on Human Rights.

From the expiry of the above-mentioned period, simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. This payment will constitute the final settlement of the case, including the applicant's civil claims before the domestic courts.

3. The Government undertake to issue appropriate instructions and to adopt all necessary measures to ensure that the individual rights guaranteed by Articles 3, 6, 8, 13, 14 of the Convention are respected in the future.

The Government undertake to adopt the following general measures aimed at fighting the discrimination against the Roma in the Harghita County:

- ensure the eradication of racial discrimination within the Romanian judicial system;

- enhance the educational programs for preventing and fighting discrimination against Roma within the school curricula in the Caşinul Nou community, Harghita County;

- draw up programs for public information and for removing the stereotypes, prejudices and practices towards the Roma community in the Harghita public institutions competent for the Caşinul Nou community;

- support positive changes in the public opinion of the Caşinul Nou community concerning Roma, on the basis of tolerance and the principle of social solidarity;

- stimulate Roma participation in the economic, social, educational, cultural and political life of the local community in Harghita County, by promoting mutual assistance and community development projects;

- implement programs to rehabilitate housing and the environment in the community, in particular by earmarking sufficient financial resources for the compensation;

- identify, prevent and actively solve conflicts likely to generate family, community or inter-ethnic violence.

4. The Government consider that the supervision by the Committee of Ministers of the Council of Europe of the execution of Court judgments concerning Romania in this and similar cases is an appropriate mechanism for ensuring that improvements will continue to be made in this context.

5. Finally, the Government undertake not to request the reference of the case to the Grand Chamber pursuant to Article 43 § 1 of the Convention after the delivery of the Court's judgment.”
[…]

3. Declaration made by the Romanian authorities in the context of the Kalanyos and others case (Application No. 57884/00)
(Excerpt from the judgment of 26/04/2007, final on 26/07/2007 - Striking-out)

[…]
19. On 8 December 2006, the Court received the following declaration from the Government:

“1. The Government sincerely regret the failure of the criminal investigation to clarify fully the circumstances which led to the destruction of the applicants' homes and possessions, which left them living in improper conditions, rendered difficult their possibility of filing a civil action for damages, as well as the exercise of their right to respect for home, private and family life. The Government also regret that remedies for the enforcement of rights in the Convention generally lacked at the time when the applicants were seeking justice in domestic courts, and that certain remarks were made by some authorities as to the applicants' Roma origin.

It is therefore accepted that such events constitute violations of Article 3 (prohibition of torture), Article 6 (right to a fair trial), Article 8 (right to respect for private and family life), Article 13 (right to an effective remedy) and Article 14 (prohibition of discrimination) of the Convention.

2. I, Mrs. Beatrice Rămăşcanu, agent of the Government of Romania before the European Court of Human Rights, declare that the Government of Romania offer to pay ex gratia to the applicant Sandor Kalanyos the amount of EUR 33,000 (thirty three thousand euros), to the applicant Tamas Kalanyos the amount of EUR 33,500 (thirty three thousand five hundred euros) and to the applicant Istvan Rozsa the amount of EUR 30,000 (thirty thousand euros).

The Government undertake to pay the amount of EUR 2,406 (two thousand four hundred and six euros) in costs and expenses incurred by the applicants' representative, the European Roma Rights Centre. This amount shall be paid in euros to a bank account named by the ERRC.

These sums shall be free of any tax that may be applicable and shall be payable within three months from the date of the notification of the striking-out judgment of the Court pursuant to Article 37 of the European Convention on Human Rights.

From the expiry of the above-mentioned period, simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. This payment will constitute the final settlement of the case, including the applicants' civil claims before the domestic courts.

3. The Government undertake to issue appropriate instructions and to adopt all necessary measures to ensure that the individual rights guaranteed by Articles 3, 6, 8, 13, 14 of the Convention are respected in the future.

The Government undertake to adopt the following general measures aimed at fighting the discrimination against the Roma in the Harghita County:

- ensure the eradication of racial discrimination within the Romanian judicial system;

- enhance the educational programs for preventing and fighting discrimination against Roma within the school curricula in the Plăieşii de Jos community, Harghita County;

- draw up programs for public information and for removing the stereotypes, prejudices and practices towards the Roma community in the Harghita public institutions competent for the Plăieşii de Jos community;

- support positive changes in the public opinion of the Plăieşii de Jos community concerning Roma, on the basis of tolerance and the principle of social solidarity;

- stimulate Roma participation in the economic, social, educational, cultural and political life of the local community in Harghita County, by promoting mutual assistance and community development projects;

- implement programs to rehabilitate housing and the environment in the community, in particular by earmarking sufficient financial resources for the compensation;

- identify, prevent and actively solve conflicts likely to generate family, community or inter-ethnic violence.

4. The Government consider that the supervision by the Committee of Ministers of the Council of Europe of the execution of Court judgments concerning Romania in this and similar cases is an appropriate mechanism for ensuring that improvements will continue to be made in this context.

5. Finally, the Government undertake not to request the reference of the case to the Grand Chamber pursuant to Article 43 § 1 of the Convention after the delivery of the Court's judgment.”
[…]

Note 1 This document has been classified restricted at the date of issue. It was declassified at the 1072nd meeting of the Ministers’ Deputies (December 2009) (see CM/Del/Dec(2009)1072 Decisions adopted at the meeting

2 41138/98+ Moldovan and others, judgment No.1 of 05/07/2005 - Friendly settlement
41138/98+ Moldovan and others, judgment No. 2, judgment of 12/07/2005, final on 30/11/2005

Note 57885/00 Gergely, judgment of 26/04/2007, final on 26/07/2007 - Striking-out
Note 57884/00 Kalanyos and others, judgment of 26/04/2007, final on 26/07/2007 - Striking-out
Note 3 See the declarations made by the Romanian authorities in the Appendix to this Memorandum
Note 4 www.anr.gov.ro
Note 5 www.undp.ro
Note 6 See the details at www.undp.ro/projects.php?project_id=52
Note 7 www.cncd.org.ro
Note 8 This information was provided in response to demands of clarification formulated at paragraphs 36 and 37 of Memorandum CM/Inf/DH31 of 28 May 2009
Note 9 Information presented during the consultations of 16 June 2009 between the Department for the execution of judgments of the European Court of Human Rights and the authorities directly involved in the execution of these judgments and by memorandum of the authorities of 16 June 2009.
Note 10 www.errc.org

11 See in particular CM/Inf/DH(2009)29rev of 2 June 2009 concerning action plans/action reports to be submitted to the Committee of Ministers within the monitoring of the execution of judgments of the European Court of Human Rights


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