Final Resolution CM/ResDH(2015)249
Execution of the judgments of the European Court of Human Rights
Thirteen cases against Russian Federation
Application No.
Case
Judgment of
Final on
21153/02
BEDNOV
01/06/2006
01/09/2006
22921/05
MUKHAREV
03/04/2012
03/07/2012
35411/05
PETR PONOMAREV
10/06/2010
10/09/2010
4157/04
PLETMENTSEV
27/06/2013
27/09/2013
29448/05
RAZHEV
12/06/2012
12/09/2012
61510/09
SERGEY CHEBOTAREV
07/05/2014
07/08/2014
22152/05
SERGEY SOLOVYEV
25/09/2012
11/02/2013
8998/05
SHAPOSHNIKOV
29/07/2010
29/10/2010
38031/04
SHULENKOV
17/06/2010
17/09/2010
53812/10
SIGAREV
30/10/2014
30/01/2015
33872/05
STEPANOV
25/09/2012
25/12/2012
20403/05
TARAKANOV
28/11/2013
28/02/2014
17183/05
YEVDOKIMOV
17/09/2009
17/12/2009
(Adopted by the Committee of Ministers on 9 December 2015
at the 1243rd 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;
Recalling that in these cases, the Court found violations of Article 5 §§ 1 and 4 on account of detention on remand in the absence of a court decision or of lack of a reasoned court decision, without time-limit for the extended detention period, and on account of hearings conducted in the absence of the applicants and their counsel as well as of the failure to examine complaints against detention on remand orders;
Recalling also 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 that the just satisfaction, where awarded, has been paid by the government of the respondent State, that the applicants are no longer in detention on remand and that no other individual measure is necessary in these cases;
Having examined the information provided by the government indicating the general measures adopted in order to give effect to the judgments (see the decision of the Committee of Ministers adopted at its 1243rd meeting (December 2015) (DH)), including the information provided regarding the legislative reforms and the various Rulings of the Constitutional Court and the Supreme Court ensuring that, in compliance with Article 5 § 1, detention on remand is always ordered by a court decision and that such decisions contain reasons and time-limit for the detention;
Having further examined the information provided regarding the general measures taken to ensure that, in compliance with Article 5 § 4, hearings on detention on remand are always conducted in the presence of the accused and his counsel, notably the Supreme Court’s Rulings from 2009 and 2013, as well as to ensure that complaints against detention orders are always examined by courts;
Recalling that the Committee continues its examination of the outstanding questions relating to Article 5 §§ 1, 2, 3, 4 and 5 within the framework of the other cases of the Klyakhin group,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in the cases listed above and
DECIDES to close the examination thereof.
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