Published: 1 Jun 2005 | By Vladislav Gribincea
Execution of judgments of the European Court of Human Rights – the case of Ilascu and Others v Russia and Moldova
Under Article 46 of the ECHR, the State parties have undertaken to abide by any final judgment of the ECtHR and take the requisite political and legal action. If a state does not meet its obligations, the Committee of Ministers can decide to take certain measures, including suspending parties from the Council of Europe. In practice, however, such measures have never been taken.
The judgment in the case of Ilascu and Others v Russia and Moldova, in which both states were found to have violated Articles 3, 5 and 34 of the Convention, has yet to be fully implemented, with the Russian Federation in particular exhibiting reluctance to comply beyond the payment of just satisfaction. In this article, Vladislav Gribincea considers the responsibility of the states. To read the full article, click on the link below.