COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

Interim Resolution ResDH(2005)42
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 22 April 2005
at the 924th meeting of the Ministers' Deputies)

The Committee of Ministers, having regard to the judgment of the European Court of Human Rights (“the Court”) of 8 July 2004 in the Ilaşcu and others against Moldova and Russia case transmitted to the Committee for supervision of execution in accordance with Article 46 § 2 of the European Convention on Human Rights (“the Convention”);

Recalling that the case originated in an application (No. 48787/99) against Moldova and Russia, lodged by Mr Ilie Ilaşcu, Mr Alexandru Lesco, Mr Andrei Ivanţoc and Mr Tudor Petrov-Popa, and that the Court declared admissible the complaints relating to the facts arising out of their arrest, conviction and detention in the territory of the “Moldavian Republic of Transdniestria” (the “MRT”);

Whereas in its judgment the Court held, inter alia:

    - that the applicants come within the jurisdiction of the Republic of Moldova within the meaning of Article 1 of the Convention as regards its positive obligations;

    - that the applicants come within the jurisdiction of the Russian Federation within the meaning of Article 1 of the Convention;

    - that the respondent States are to pay the applicants, within three months, the sums specified in the judgment by way of just satisfaction;

    - that the 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;

Welcoming the fact that the governments of both of the respondent States have paid the applicants, within the time-limit specified, the sums provided for in the judgment;

Noting with satisfaction the publication of the judgment in the Official Gazette (Monitorul Oficial) of Moldova on 21 September 2004 and the publication of a summary of the judgment in the Bulletin of the European Court of Human Rights (Russian edition) in December 2004;

Emphasising the Court's finding 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 that the obligation of respondent States to abide by the Court's judgments is unconditional;

Noting the fact that two of the applicants, Mr Ivanţoc and Mr Petrov-Popa, are still imprisoned in the territory of the “MRT”, which is an integral part of the territory of the Republic of Moldova;

Stressing that it is evident that the continuation of the unlawful and arbitrary detention of the applicants for more than 9 months after the Court's judgment fails to satisfy the Court's demand for their immediate release;

Having examined the case at most of its meetings since 9 September 2004;

Noting that the steps taken to date have not been sufficient to secure the release of Mr Ivanţoc and Mr Petrov-Popa;

URGENTLY INVITES the Russian authorities to comply fully with the judgment;

INVITES the Moldovan authorities to continue their efforts towards securing the release of the two applicants who are still imprisoned;

DECIDES to resume its examination of this case at each of its meetings until the applicants' release.



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