Interim Resolution CM/ResDH(2009)158[1]
Execution of the pilot judgement of the European Court of Human Rights
in the case Burdov No. 2 against the Russian Federation
relative to the failure or serious delay in abiding by final domestic judicial decisions delivered against the state and its entities as well as the absence of an effective remedy
(Application No. 33509/04, judgment of 15/01/2009, final on 04/05/2009)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter “the Convention”);
Having regard to the pilot judgment of the European Court of Human Rights (“the Court”) of 15 January 2009 in the case of Burdov No. 2 against the Russian Federation transmitted to the Committee for supervision of its execution under Article 46 of the Convention;
Recalling that in this judgment the Court unanimously
- found violations arising from a practice incompatible with the Convention which consists in the state's recurrent failure to honour judgment debts and in respect of which aggrieved parties have no effective domestic remedy;
- ordered the respondent state to set up such a remedy within six months from the date on which the judgment became final, i.e. by 4 November 2009, and to grant adequate and sufficient redress by 4 May 2010 to all persons in the applicant's position in the cases lodged with the Court before the delivery of the pilot judgment;
- decided to adjourn the Court proceedings in all similar cases for one year, i.e. until 4 May 2010;
Recalling further the Committee of Ministers' Interim Resolution CM/ResDH(2009)43 concerning the execution of the Court's judgments in more than 200 similar cases, in which the Committee stressed the urgent need to set up effective domestic remedies in order to enhance the remedial capacity of the national judicial system in addressing repetitive violations of this kind;
Recalling that the Committee of Ministers gave priority to the examination of this case in accordance with Rule 4 § 1 of its Rules for the supervision of the execution of the European Court's judgments, with particular focus on the urgent requirement to introduce an effective domestic remedy and to settle similar cases lodged with the Court before the delivery of the pilot judgment;
Noting with satisfaction the Russian authorities' prompt and constructive response to the Court's pilot judgment and to the Committee of Ministers' Interim Resolution;
Noting with interest that the Russian authorities have engaged without delay in the ad hoc settlement of numerous individual cases pending before the Court and offered redress to the first group of applicants in line with the requirements of the pilot judgment (see the Court's decision in the case of Uskov and others against Russia (dec.), No. 6394/05 et al., 12 November 2009);
Noting further the efforts deployed within the special inter-ministerial commission set up with the participation of the Presidential Administration, which resulted in the preparation of draft laws setting up a domestic remedy;
Noting with satisfaction that these draft laws were subject to consultations with the Council of Europe's Department for the execution of the judgments of the European Court;
Recalling that the need to set up such a remedy is widely acknowledged at the domestic level and was underlined in the strong political message delivered by the President of the Russian Federation in his address to the Federal Assembly on 5 November 2008;
Regretting, however, that the deadline set by the Court for the introduction of an effective domestic remedy expired on 4 November 2009 without these draft laws having even been submitted to Parliament;
Considering in this respect that the positive developments of the case-law presented by the Russian authorities, tending to offer redress in certain circumstances, do not obviate the urgent need for the adoption of a law securing the availability and effectiveness of a domestic remedy against the state's recurrent failure to honour judgment debts, as required by the pilot judgment and the Committee's Interim Resolution CM/ResDH(2009)43;
Stressing the obligation of every state, under Article 46, paragraph 1, of the Convention, to abide by the judgments of the Court;
Recalling with concern that large categories of persons, including vulnerable groups, continue to be deprived of an effective domestic remedy against violations by the state of its obligation to honour judgment debts, including those in the social domain;
STRONGLY URGES the Russian authorities to adopt without further delay the legislative reform required by the pilot judgment;
ENCOURAGES the Russian authorities to continue to resolve the similar individual cases lodged with the Court before the delivery of the pilot judgment and to keep the Committee regularly informed of the solutions reached and of their subsequent implementation;
DECIDES to resume consideration of the progress in the legislative reform at their 1078th meeting (March 2010) (DH).
[1] Adopted by the Committee of Ministers on 3 December 2009 at the 1072nd meeting of the Ministers’ Deputies.
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