Resolution CM/ResDH(2020)210
Execution of the judgments of the European Court of Human Rights
18 cases against Ukraine
(Adopted by the Committee of Ministers on 1 October 2020
at the 1383rd meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
52652/07
GAVULA
16/05/2013
07/10/2013
9450/06
SOSNOVSKIY
08/12/2016
08/12/2016
4772/06
KOMAROV
19/01/2017
19/01/2017
37240/07
KIYASHKO
23/02/2017
23/02/2017
3001/06
MALCHENKO AND OTHERS
06/04/2017
06/04/2017
24107/13
D.S.
09/11/2017
09/11/2017
32392/07
LADA
06/02/2018
06/02/2018
45811/16
MAYSTRENKO
28/06/2018
28/06/2018
24874/08
BAKCHIZHOV
30/10/2018
30/10/2018
31283/17
OSIPENKOV
29/01/2019
29/01/2019
70043/17
GARUMOV
06/06/2019
06/06/2019
27805/18
RADYUKIN
11/07/2019
11/07/2019
57240/14
SERZHANTOV
11/07/2019
11/07/2019
46196/11
SMILYANSKAYA
21/11/2019
21/11/2019
17853/19
TSATSENKO
05/12/2019
05/12/2019
78484/11
STRYUKOV
23/01/2020
23/01/2020
52826/18
MESHTESHUG
06/02/2020
06/02/2020
49614/18
GERASIN
06/02/2020
06/02/2020
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 poor conditions of detention and transportation, lack of medical care in detention and lack of effective remedies thereof; irregularities of the detention on remand; excessive length of proceedings or of pre-trial detention and failure to comply with an interim measure indicated by the Court under Rule 39;
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(2020)625);
Considering that the question of individual measures was therefore resolved, given that the applicants are no longer in detention, criminal proceedings have ended, and the just satisfaction where awarded by the Court has been paid;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Nevmerzhitsky, Ignatov, Merit and Salakhov and Islyamova groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;
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.
Full & Egal Universal Law Academy