Romania goes under enhanced supervision procedure for ECtHR decisions in cases of ethnic violence
There are a series of five European Court of Human Rights decisions regarding inter-ethnic violence in Romania (decisions in 2005, 2007 and 2009). "These cases concern the consequences of racially-motivated violence, between 1990 and 1993, against villagers of Roma origin, in particular improper living conditions following the destruction of their homes. They also concern the general discriminatory attitude of the authorities, including their repeated failure to put an end to the breaches of the applicants' rights, perpetuating their feelings of insecurity (Articles 3, 6, 8, 13 and 14 in conjunction with Articles 6 and 8). The violent incidents at the origin of these cases occurred in the communities of Hădăreni (Mureş County), Plăieşii de Sus and Caşinul Nou (Harghita County) and Bolintin Deal (Giurgiu County).” [1] The Romanian Government, aside from payment of various amounts to individual victims, undertook to implement a series of measures aimed and improving inter-ethnic relations, participation of Roma, and improving infrastructure/building houses. [2]
Indicators for cases to be examined under the enhanced supervision procedure have been established to be: judgments requiring urgent individual measures, pilot judgments, judgments disclosing major structural and/or complex problems as identified by the Court and/or the Committee of Ministers, interstate cases. Also, the Committee of Ministers may decide to examine any case under enhanced procedure following an initiative of a member state or the Secretariat. [3]
In July 2009 a group of NGOs (Accept Association, Center for Legal Resources, Pro Europe League and Romani CRISS) submitted a communication to the Committee of Ministers (which supervises the execution of ECtHR decisions) assessing the implementation of the decisions with regards to the Hădăreni community.
In March 2009 and July 2011 the European Roma Rights Centre also submitted communications with various assessments, finally asking that the supervision for these cases be passed from standard procedure to enhanced procedure, as they raised major structural and complex problems and generally considering that the Government has inadequately implemented the decisions and fails to address the specific needs of the affected communities. [4]
Currently, the cases appear to be examined by the Committee of Ministers under enhanced procedure. [5] [6]
Sources:
1. Council of Europe Committee of Ministers, Minister’s Deputies, Annotated Agenda and decisions adopted, CM/Del/Dec (2011)1120, 16.09.2011, available at: https://wcd.coe.int/ViewDoc.jsp?id=1832229&Site=CM#P1015_45392 (11.03.2012)
2. Ibid.
3. Council of Europe, Committee of Ministers, Ministers’ Deputies, Information Documents, CM/Inf/DH (2010) 45 final 07.12.2010, para. 10, available at: https://wcd.coe.int/ViewDoc.jsp?id=1700777&Site=CM (11.03.2012)
3. European Roma Rights Centre, Memorandum. Concerning the implementation and state of general measures in the Judgements of Moldovan and others v Romania (No. 1 , friendly settlement), Moldovan and Others v. Romania (No.2), Kalanyos and others v. Romania (friendly settlement), Gergely v. Romania (friendly settlement) Application Nos. 41138/98, 64320/01, 57884/00, 57885/00) and Requesting the „enhanced supervision” procedure,July 2011, available at: http://www.errc.org/cms/upload/file/second-communication-to-the-committee-of-ministers-on-judgment-implementation-moldovan-kalanyos-gergely.pdf (11.03.2012)
4. Ibid 1.
5. See also, Council of Europe, Committee of Ministers, Ministers’ Deputies Information Documents, CM/Inf/DH (2011) 37 – Moldovan and others (Nos. 1 and 2) and other similar cases against Romania. Status of execution of the general measures and assessment of the action plan provided by the Romanian authorities on 15 June 2011 (DH-DD (2011) 503), 16.08.2011, available at: https://wcd.coe.int/ViewDoc.jsp?id=1819305&Site=CM (11.03.2012)
