Resolution CM/ResDH(2018)110
Execution of the judgments of the European Court of Human Rights
24 cases against Ukraine
(Adopted by the Committee of Ministers on 15 March 2018 at the 1310th meeting of the Ministers’ Deputies)
Application
Case
Judgment of
Final on
NEVMERZHITSKY GROUP
72277/01
DVOYNYKH
12/10/2006
12/02/2007
23136/04
IZZETOV
15/09/2011
15/12/2011
25209/06
GORBATENKO
28/11/2013
28/02/2014
65550/01
KOVAL
19/10/2006
12/02/2007
28969/04
SAMOYLOVICH
16/05/2013
16/08/2013
32362/02
VISLOGUZOV
20/05/2010
20/08/2010
63763/11
ZINCHENKO
13/03/2014
13/06/2014
37538/05
ZNAYKIN
07/10/2010
07/01/2011
YAKOVENKO GROUP
9607/06
BARILO
16/05/2013
16/08/2013
43707/07
KOKTYSH
10/12/2009
10/03/2010
36433/05
MUSTAFAYEV
13/10/2011
13/01/2012
35581/06
POKHLEBIN
20/05/2010
20/08/2010
19213/04
TSYGONIY
24/11/2011
24/02/2012
30634/05
VENIOSOV
15/12/2011
15/03/2012
LOGVINENKO GROUP
5203/09
KONDRATYEV
15/12/2011
15/03/2012
42184/09
KUSHNIR
11/12/2014
11/03/2015
9414/13
SOKIL
22/10/2014
22/01/2016
29070/15
PIVOVARNIK
06/10/2016
06/01/2017
ISAYEV GROUP
75522/01
MIKHANIV
06/11/2008
6/04/2009
30628/02
UKHAN
18/12/2008
18/03/2009
49218/10
YERMOLENKO
15/11/2012
15/02/2013
30579/10
TEMCHENKO
16/07/2015
16/10/2015
53865/11
KUSHCH
03/12/2015
03/03/2016
MELNIK GROUP
16995/05
GUK
08/12/2016
08/12/2016
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, mainly on account of poor conditions of detention and inadequate access to medical care in police holding facilities, pre-trial detention centres and penitentiary establishments, and the lack of effective remedies in both respects (violations of Articles 3 and 13 of the Convention);
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 provided by the government indicating the individual measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2017)410 and DH-DD(2018)32);
Considering that the question of individual measures has therefore been resolved in these cases, given that the applicants have been released and that all required individual measures have also been taken in respect of the other violations found by the Court;
Recalling that the question of general measures required in response to all the shortcomings found by the Court in these judgments continues to be examined within the framework of the Nevmerzhitsky groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to poor conditions of detention and inadequate access to medical care in police holding facilities, pre-trial detention centres and penitentiary establishments and the lack of effective remedies as well as the other issues in these 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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