Resolution CM/ResDH(2018)357
Execution of the judgments of the European Court of Human Rights
Fourteen cases against Ukraine
(Adopted by the Committee of Ministers on 20 September 2018
at the 1324th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
23081/07
BARSUKOVYY
26/02/2015
26/02/2015
51151/10
BASYUK
05/11/2015
05/02/2016
60790/12
CHUMAK
19/05/2016
19/05/2016
20142/10
DERNOVYY AND DERNOVA
02/06/2016
02/06/2016
4737/06
KACHURKA
15/09/2011
15/12/2011
65663/12
MARCHUK
28/07/2016
28/07/2016
42279/08
MASHCHENKO
11/06/2015
11/06/2015
40525/05
NIKOLAY VOLKOGONOV AND IGOR VOLKOGONOV
28/11/2013
28/11/2013
10904/05
PRYNDA
31/07/2012
31/10/2012
47690/07
SERGIYENKO
19/04/2012
19/07/2012
8347/12
SHEPELENKO
14/01/2016
14/01/2016
40298/06
SHULGA
12/11/2015
12/11/2015
65055/12
STABROVSKA
14/01/2016
14/01/2016
36660/08
ZUBKOVA
17/10/2013
17/01/2014
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 lack of effective investigations into the deaths of the applicants’ relatives caused, inter alia, by road traffic accidents or in unclear circumstances;
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 action plan 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 document DH-DD(2018)591);
Considering that the question of individual measures was resolved, given that the domestic proceedings have been terminated and just satisfaction, where awarded by the Court, was paid;
Recalling that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures in relation to the effectiveness of investigations into the deaths caused, inter alia, by road traffic accidents, illegal acts of private individuals or in unclear circumstances, as the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Khaylo v. Ukraine group of cases;
Noting that questions related to excessive length of civil proceedings, raised by the Chumak case, are being examined by the Committee in the context of the supervision of the Svetlana Naumenko group of cases;
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.
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