Dear Mr Butan

Thank you for your e-mail of 4 July 2008, concerning the execution of individual measures in the above-mentioned case.

Your information has been included in the case-file and forwarded to the Permanent Representation of Romania to the Council of Europe, in accordance with the Rules adopted by the Committee of Ministers for the application of Article 46, paragraph 2, of the European Convention on Human Rights (Rule No. 9).

The Department for the execution of judgments of the European Court of Human Rights will contact you, if necessary, after the examination of the file in the light of your remarks as well as of those, if any, of the authorities of the respondent State.

I can furthermore inform you that the Committee of Ministers has examined the case for the first time at its 1035^th Human Rights meeting on 17-18 September 2008, and it will continue to examine it until the Court's judgment has been fully executed.

For any further information concerning the follow-up of the case before the Committee of Ministers, you can consult the relevant documents on the website www.coe.int/Human_rights/execution (choose "documents"...). Please note, in this context, that decisions concerning the cases examined are adopted some 15 days after the date of each meeting and are subsequently published on the above-mentioned website together with the annotated agenda containing the information that is available with respect to each case before the relevant meeting. These documents are only available in English and French.

Yours sincerely

Jan Sobczak
Administrator

From: Nicolæ T Butan [mailto:nicolaetbutan@gmail.com]
Sent: mercredi 11 juin 2008 12:23
To: DGHL.Execution
Subject: Refusal of execution of ECHR final decision; continuous serious violations of human rights

Object: Refusal of execution of ECHR final decision

Application:40067/06, Butan and Dragomir vs. Romania, decision of Feb 14, 2008, final on May 14, 2008

Dear Sir/Madam,

I must, unfortunately, once again address the European Court because of the constant refusals of Romanian institutions to execute both a final decision of the Romanian High Court of Cassation and Justice AND the final decision of the European Court of Human Rights. You could well understand that such circumstances force the applicants to steadily demand the forced execution by means of the Council of Europe's service.

Since the delivery of the decision, on Feb 14, 2008, the applicants have continuously addressed Romanian institutions to require the execution of ECHR's decision. Despite such repeated efforts from the part of the applicants, no effective remedy has been ensured by Romanian Government, although Romanian Government/institutions have been convicted for human rights violations and, according to international law principles, are compelled to provide an effective remedy. Several email were also sent to the Council of Europe during this time, detailing on the refusal of Romanian institutions to follow the law and a final decision of ECHR and Romanian High Court of Cassation and Justice.

The Court announced that on May 14, 2008 the decision remained final. On June 5, 2006, SC Apa Nova SA replied to the applicants that they still condition the conclusion of a contract for provision of public water supplies by the construction of a new branch terminal ("bransament"), although the ECHR's decision clearly stated in para 38 that no such obligation is imposed on the applicants. Furthermore, SC Apa Nova SA states that EHCR's decision cannot be implemented as "the neighbours opposed".

Serious human rights violations continue to exist:

-A final, irrevocable decision from the European Court of Human Rights and Romanian High Court of Cassation and Justice are rendered ineffective, Romanian institution continuously failing to discharge their international obligations
-The execution of a final, irrevocable decision from the European Court of Human Rights is still conditioned by further construction of a branch terminal (bransament) despite the clear ruling of the European Court in para 38 of its decision that no such obligation is imposed on the applicants.
-The execution of a final, irrevocable decision from the European Court of Human Rights is further conditioned by the consent of some neighbours who, according to Romanian institutions, oppose such implementation

The most serious allegation, that a final decision from the European Court of Human Rights is conditioned by the consent of other neighbours, creates a dangerous precedent that undermine the very deep basis of the rule of law and democracy. It is totally unacceptable for the execution of a decision of an international court to be conditioned by other private persons living in a third member state, be they neighbours or not. In my opinion, the fact that Romanian Government constantly failed to discharge its obligations cannot but show, once more, that the respondent Government ensures no rule of law, violates human rights and international law principles and makes void the European Court itself and the European system of justice. Under such circumstances, the Copenhagen criteria would not be met and the other member states should consider without delay the activation of safeguarding clause on justice.

Please note that such actions create serious and profound sorrow, grief, mental and physical pain in the applicants, as well as a feeling of debasement, inutility, degradement. A whole family has been obliged to live without water resources since October 2001 because of the violation of human rights and illegal actions of third persons in Romania, actions known and accepted by Romanian Government. The applicants will consequently file a new application with the Court within the next weeks for serious and continuous violation in Art 13 and Art 3 in the Convention.

Kind regards,
Nicolae Traian Butan

attached:
ECHR decision of Feb 14, 2008
ECHR's communication of May 2008
Romanian institution address