CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 12 juillet 2007

.s3ABFC313 { font-size:10pt } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .s1B457C45 { font-weight:bold; letter-spacing:-0.15pt } .sFBC99493 { font-style:italic } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s76AA7CE2 { letter-spacing:-0.15pt } .s7ED160F0 { text-decoration:none } .sA527F4CF { font-size:8pt; vertical-align:super; color:#0069d6 } .s2C6872E0 { margin-top:0pt; margin-left:21.3pt; margin-bottom:0pt; font-size:12pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .s846B54EF { font-size:5.33pt; vertical-align:super; color:#0069d6 } Interim Resolution CM/ResDH(2007)106 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 12 July 2007 at the 1002nd meeting of the Ministers' Deputies)     The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter “the Convention”),   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 were to take all necessary measures to put an end to the arbitrary detention of the applicants still imprisoned and to secure their immediate release;   Noting with relief that the applicants Ivanţoc and Popa [1] have finally regained their freedom, but deeply regretting that, despite the injunction of the Court, they were only released on 2 and 4   June 2007 respectively;   Noting that the authorities of the Republic of Moldova have regularly informed the Committee of the efforts they have made to secure the applicants' release;   Recalling the various interim resolutions adopted by the Committee of Ministers [2] and most particularly the call made upon the authorities of the member states of the Council of Europe to take such action as they deem appropriate to ensure the compliance by the Russian Federation with its obligations under this judgment; noting the various steps taken by the states following this call; also noting, in this context, the support of the European Union and of numerous other states [3] with a view to achieving the execution of this judgment;   Renewing its profound regret that despite these steps, the authorities of the Russian Federation have not actively pursued all effective avenues to comply with the Court's judgment;   Reaffirming most firmly that the obligation to abide by the judgments of the Court is unconditional and is a requirement for membership of the Council of Europe;   Recalling that 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”;   Deeply deploring the prolongation of the applicants' unlawful and arbitrary detention after the judgment of the Court and underlining, in the light of this situation, the obligation incumbent on respondent states under Article 46, paragraph 1, of the Convention to erase, as far as possible, the consequences of the violations at issue in this case;   Noting, in this respect, that Mr Ivanţoc and Mr Popa have lodged a new application with the Court, against Moldova and the Russian Federation (No. 23687/05), on the ground of the prolongation of their arbitrary detention beyond 8 July 2004;   DECIDES to suspend its examination of this case and to resume it after the final determination of the new application by the European Court of Human Rights.   [1] Formerly Petrov-Popa. [2] Interim Resolutions ResDH(2005)42 of 22 April 2005, ResDH(2005)84 of 13 July 2005, ResDH(2006)11 of 1   March   2006 and ResDH(2006)26 of 10 May 2006. [3] Albania, Azerbaijan, Bosnia and Herzegovina, Croatia, Georgia, Iceland, Liechtenstein, Monaco, Norway, San Marino, Serbia, Switzerland, the “former Yugoslav Republic of Macedonia, Turkey and Ukraine.