COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

Interim Resolution ResDH(2006)26
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 10 May 2006
at the 964th 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”;

Reiterating that the obligation to abide by the judgments of the Court is unconditional and is a requirement for membership of the Council of Europe;

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

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

Regretting profoundly that the authorities of the Russian Federation have not actively pursued all effective avenues to comply with the Court’s judgment, despite the Committee’s successive demands1 to this effect,

Encourages the authorities of the Republic of Moldova to continue their efforts towards putting an end to the arbitrary detention of the applicants still imprisoned and securing their immediate release;

Declares the Committee’s resolve to ensure, with all means available to the Organisation, the compliance by the Russian Federation with its obligations under this judgment;

Calls upon the authorities of the member states to take such action as they deem appropriate to this end.

Note 1 Interim Resolutions ResDH(2005)42 of 22 April 2005, ResDH(2005)84 of 13 July 2005 and ResDH(2006)11 of 1 March 2006.


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