COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

Interim Resolution ResDH(2006)11
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 1 March 2006,
at the 957th 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 Russian 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 to secure their immediate release;

Stressing that, in this judgment, the Court stated that “any continuation of the unlawful and arbitrary detention of the […] applicants would necessarily entail […] a breach of the respondent states’ obligation under Article 46 § 1 of the Convention to abide by the Court's judgment”;

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

Recalling its Interim Resolutions ResDH(2005)42 of 22 April 2005 and ResDH(2005)84 of 13 July 2005;

Deeply deploring the fact that, more than one and a half years after the Court’s judgment was delivered, two applicants are still imprisoned and stressing that the excessive prolongation of the unlawful and arbitrary detention of Mr Ivanţoc and Mr Petrov-Popa fails entirely to satisfy the requirements of the Court’s judgment and the obligation under Article 46, paragraph 1, of the Convention;

Noting however that the Moldovan authorities have regularly informed the Committee of the steps they have taken to secure the applicants’ release;

Noting that the Russian authorities have recently declared themselves in favour of the search for a solution in the present case,

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;

STRONGLY URGES the Russian authorities to pursue actively all effective avenues capable of putting an end to the arbitrary detention of the applicants still imprisoned and of securing their immediate release;

INSISTS that the results required by the Court’s judgment be attained without any further delay.



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