Resolution CM/ResDH(2019)368
Execution of the judgments of the European Court of Human Rights
Forty eight cases against Russian Federation
(Adopted by the Committee of Ministers on 5 December 2019 at the 1362nd 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, 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 on account of various irregularities concerning pre-trial detention (violations of Article 5 of the Convention);
Having regard also to the violations established in some cases related to length of criminal proceedings, non-participation in the civil proceedings without sufficient grounds, restriction of liberty for reasons other than those permissible under Article 5 and lack of any effective remedy in respect of inadequate conditions of detention (violations of Articles 6, Article 18 in conjunction with Article 5 of the Convention, and Article 13);
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 noted the information provided regarding the payment of the just satisfaction awarded by the Court;
Considering that the question of individual measures has been resolved, given that the applicants are no longer in pre-trial detention; that they moreover no longer suffer the consequences of the violations established in respect of Articles 6 and Article 18 in conjunction with Article 5 of the Convention; and that the domestic law allows for the reopening of criminal proceedings found by the Court to have been unfair;
Considering that the question of general measures has moreover been resolved in the case of Gusinskiy, given that the type of abuse of power at issue would today be proscribed by a clear legislative framework and subject to effective judicial review, thus eliminating the main cause for the violations established by the Court;
Recalling that the question of other general measures required in response to the shortcomings found by the Court in the present judgments as regards the irregularities related to pre-trial detention continues to be examined within the framework of the Klyakhin v. Russian Federation group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in the Klyakhin group;
Recalling also that the general measures required in response to the other violations found in some of these cases are or were examined by the Committee in the groups Smirnova (Resolution CM/ResDH(2017)168), Kalashnikov and Kovalev;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination of these cases.
Appendix: list of cases
Application
Case
Judgment of
Final on
3223/07
ALEKSEY MAKAROV
12/06/2008
12/09/2008
1386/14
AMIZHAYEV
21/11/2017
21/11/2017
24904/07+
BADALOV AND OTHERS
06/07/2017
06/07/2017
44786/11+
BEKUZAROV AND OTHERS
06/10/2016
06/10/2016
43611/02
BELOZOROV v. Russia and Ukraine
15/10/2015
15/01/2016
35919/05+
BIRULEV AND SHISHKIN
14/06/2016
14/09/2016
47230/11
BOGOSYAN
09/01/2018
09/01/2018
30454/08+
BRAZHNIKOV AND OTHERS
21/07/2016
21/07/2016
57215/09
BURYKIN
11/10/2016
11/10/2016
69863/13
DAVLYASHOVA
18/10/2016
18/10/2016
9668/10
DAYANOV AND OTHERS
04/05/2017
04/05/2017
24967/06+
DEVYATOV AND OTHERS
20/12/2016
20/12/2016
9673/09
DUDIN
03/04/2018
03/04/2018
49507/10+
DUDNICHENKO AND WAES
06/04/2017
06/04/2017
57426/14
DVORETSKIY
25/07/2017
25/07/2017
51182/10+
DZHABAROV AND OTHERS
02/02/2017
02/02/2017
50483/07+
FEDOROV AND OTHERS
16/02/2017
16/02/2017
34180/08
GONTMAKHER
27/09/2016
27/09/2016
2750/07
GRABOVOY AND OTHERS
22/09/2016
22/09/2016
70276/01
GUSINSKIY
19/05/2004
10/11/2004
44292/09
GVINIASHVILI
22/11/2016
22/11/2016
72986/10+
KHAMZIN AND OTHERS
06/10/2016
06/10/2016
77153/13+
KHASANOV AND OTHERS
16/02/2017
16/02/2017
28484/06+
KIRILCHUK AND OTHERS
03/11/2016
03/11/2016
3400/06+
KLEPIKOV AND OTHERS
24/11/2016
24/11/2016
38971/06
KORSHUNOV
25/10/2007
25/01/2008
39399/08+
KOTOV AND OTHERS
16/02/2017
16/02/2017
51311/12
MAKHMUD
20/09/2016
20/09/2016
18123/04
MATSKUS
21/02/2008
21/05/2008
5403/07+
MAYEVSKIY AND OTHERS
24/11/2016
24/11/2016
24552/02
MELNIKOVA
21/06/2007
30/01/2008
9070/14+
MEMETOV AND OTHERS
06/07/2017
06/07/2017
6116/10+
NOSENKO AND OTHERS
06/04/2017
06/04/2017
22727/08
PLOTNIKOV
11/10/2016
11/10/2016
32327/06
POPKOV
15/05/2008
29/09/2008
45392/11+
PUSHCHELENKO AND OTHERS
10/03/2015
10/03/2015
63038/10
RODKIN
10/01/2017
10/01/2017
54071/00
ROKHLINA
07/04/2005
12/10/2005
5969/09+
RYZHIKOV AND OTHERS
11/10/2016
11/10/2016
611/15+
SARBAKHTIN AND OTHERS
04/05/2017
04/05/2017
7723/07+
SEMENOV AND BACHURINA
11/10/2016
11/10/2016
30532/07+
SHIROKIKH AND OTHERS
06/07/2017
06/07/2017
25102/07
SOKOLOVA AND OTHERS
12/10/2017
12/10/2017
68433/10+
SOLOVYEV AND OTHERS
24/11/2016
24/11/2016
7739/06
SOROKIN
30/07/2009
30/10/2009
40151/14
TARKHANOV
15/05/2018
15/05/2018
32357/05+
VIKHAREV AND OTHERS
16/02/2017
16/02/2017
25697/13+
ZAUSHKIN AND OTHERS
18/10/2016
18/10/2016
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