Resolution CM/ResDH(2017)295
Execution of the judgments of the European Court of Human Rights
Eight cases against Ukraine
(Adopted by the Committee of Ministers on 21 September 2017 at the 1294th meeting of the Ministers’ Deputies)
Application
Case
Judgment of
Final on
33579/04
BOROTYUK
16/12/2010
16/03/2011
39582/04
BORTNIK
27/01/2011
27/04/2011
16717/05
TODOROV
12/01/2012
12/04/2012
19157/06
KHAYROV
15/11/2012
15/02/2013
12167/04
YEROKHINA
15/11/2012
15/02/2013
65032/09
A.V.
29/01/2015
29/04/2015
17969/09
TIKHONOV
10/12/2015
10/03/2016
2308/06
SARANCHOV
09/06/2016
09/09/2016
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 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 by the government indicating the 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(2017)720);
Having noted further that none of the applicants in these cases has applied for re-opening of the impugned proceedings;
Having noted that, in respect of the general measures adopted, progress has been made, in particular through the adoption of the new 2012 Code of Criminal Procedure; and that the outstanding questions related to the impact of the general measures will remain under the supervision of the Committee in the context of the Balitskiy group of cases;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
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