COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

Interim Resolution ResDH(2005)84
concerning the judgment of the European Court of Human Rights
of 8 July 2004 (Grand Chamber)
in the case of Ilaşcu and others against Moldova and the Russian Federation


(Adopted by the Committee of Ministers on 13 July 2005
at the 935th meeting of the Ministers' Deputies)

The Committee of Ministers,

Having regard to the judgment of the European Court of Human Rights of 8 July 2004 in the case of Ilaşcu and others against Moldova and the Russia Federation, in which the Court held that the two respondent states are to take all necessary measures to put an end to the arbitrary detention of the applicants still imprisoned and secure their immediate release;

Recalling that the Court stated, inter alia, that “any continuation of the unlawful and arbitrary detention of the…applicants would necessarily entail a serious prolongation of the violation of Article 5 found by the Court and a breach of the respondent states' obligation under Article 46 § 1 of the Convention to abide by the Court's judgment”;

Recalling further Interim Resolution ResDH(2005)42, adopted on 22 April 2005, by which the Committee invited the Moldovan authorities to continue their efforts towards securing the release of the two applicants who are still imprisoned and urgently invited the Russian authorities to comply fully with the judgment;

Having examined the case at each of its meetings since this Resolution was adopted;

Noting with interest that, since then, the Moldovan authorities have regularly provided information regarding the steps they have taken to secure the release of the applicants who are still imprisoned;

Deploring that, since the adoption of this Resolution, the Russian authorities have again called into question the validity of the judgment and have insisted that, by paying the just satisfaction awarded, they consider that they have fully executed the judgment; deploring further that they have provided no new information regarding any efforts they may have initiated to secure the release of the applicants who are still imprisoned;

Recalling that the obligation to abide by the judgments of the Court is unconditional;

Noting that, more than one year after the Court's judgment was delivered, two of the applicants, Mr Ivanţoc and Mr Petrov-Popa, are still imprisoned and that their state of health has considerably worsened;

Stressing that it is evident that such an excessive prolongation of their unlawful and arbitrary detention fails entirely to satisfy the requirements of the Court's judgment;

Encourages 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;

Insists 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;

Decides to resume its examination of this case at each of its meetings until the applicants have been released.



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