Resolution CM/ResDH(2020)196
Execution of the judgments of the European Court of Human Rights
15 cases against Ukraine
(Adopted by the Committee of Ministers on 1 October 2020
at the 1383rd meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
32567/11
AKYMENKO
04/07/2019
04/07/2019
20317/09
DEYNEKO
21/05/2019
21/05/2019
56224/10
KAPSHTAN
16/05/2019
16/05/2019
19397/10
KATAN
10/10/2019
10/10/2019
10042/11
KORNIYCHUK
30/01/2018
30/04/2018
37790/18
KOROSTYLYOV
11/07/2019
11/07/2019
28718/09
KOTIY
05/03/2015
05/06/2015
622/11
MAKARENKO
30/01/2018
30/04/2018
47067/11
NOVIKOV
09/01/2020
09/01/2020
45050/10
SAMOYLENKO
24/10/2019
24/10/2019
10395/14+
SHEPILOV AND PASICHNYY
08/11/2018
08/11/2018
39496/11
SINKOVA
27/02/2018
02/07/2018
28513/10+
SKLYAR AND YEKUSHENKO
21/02/2019
21/02/2019
57088/12+
SVERDLYK AND SILIVERSTOV
14/11/2019
14/11/2019
41467/11
US
09/01/2020
09/01/2020
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established mainly on account of unlawful detention and excessive length of detention on remand as well as the lack of judicial review compatible with the standards laid down in the Court’s case-law and of an enforceable right to compensation (violations of Articles 5, paragraphs 1, 3, 4 and 5);
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the information provided by the government indicating the individual measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see Annex II to the document DH-DD(2020)511, Annex I to the document DH-DD(2019)131);
Considering that the question of individual measures has been resolved in these cases, given that the applicants are no longer in detention on remand and that all required individual measures have also been taken in respect of the other violations found by the Court; noting in that respect that the criminal proceedings have been concluded in the case of Korostylyov, and that, in the case of Kotiy, the obligation not to abscond was lifted from the applicant and his international travel passports were returned;
Recalling that the Committee will continue to supervise the general measures and the outstanding questions related to the application of detention on remand under the 2012 Code of Criminal Procedure in the context of the Ignatov group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;
Noting that questions related to excessive length of criminal proceedings, raised by the Korostylyov case, are being examined by the Committee in the context of the supervision of the Merit group of cases;
Noting that questions related to excessive length of the obligation not to abscond, raised by the Kotiy case, are being examined by the Committee in the context of the supervision of the Ivanov group of cases;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in the cases listed below as regards the individual measures and
DECIDES to close the examination thereof.
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