Doc. 10450

1 February 2005

Judgment of the European Court of Human Rights in the case of Ilaşcu and others v. Moldova and Russia

Written question No 465 to the Chairperson of the Committee of Ministers

presented by Mr Holovaty

Noting the judgment of the European Court of Human Rights in the case of Ilaşcu and others against Moldova and the Russian Federation (Grand Chamber judgment, 08/07/2004),

Recalling that it concerns, inter alia, the illegal detention of the four applicants, following their arrest in 1992 and their trial by the “Supreme Court of the MRT”, as well as the ill treatment inflicted on them during their detention (violations of Articles 3 and 5 ECHR),

Noting that the Court called on both of the respondent States to take all necessary measures to put an end to the arbitrary detention of the applicants still imprisoned and secure their immediate release,

Noting further that, more than six months after the Court delivered its judgment, two of the four applicants are still imprisoned,

Noting also that this is only the second time that the Court has had to demand the immediate release of applicants who were still imprisoned, and the first time that this demand has not been followed by their immediate release,

Emphasising that respondent States are bound to abide by the judgments of the Court and that the Committee of Ministers is responsible for supervising the execution of the Court’s judgments,

to ask the Chair of the Committee of Ministers,

If he can inform the Assembly within one month of the measures the Committee of Ministers envisages taking, over and above regular inscription of this case on its agenda, in order to ensure that the respondent States comply with their obligation to take all necessary measures to secure the immediate release of the two applicants who are still imprisoned.

Signed ¹:

HOLOVATY, Serhiy, Ukraine, LDR

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      LDR : Liberal, Democratic and Reformers’ Group

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group