Resolution CM/ResDH(2022)233
Execution of the judgments of the European Court of Human Rights
Seven cases against Ukraine
(Adopted by the Committee of Ministers on 22 September 2022
at the 1443rd meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
881/13
GOLOVANOV
15/04/2021
15/04/2021
16800/16
GRANKOV
11/02/2021
11/02/2021
27916/12
DOBRYN
29/04/2021
29/04/2021
8562/13
ILLYASHENKO
22/04/2021
22/04/2021
41763/19
KOSTYNA
11/03/2021
11/03/2021
16014/18+
MALYUK AND OTHERS
25/02/2021
25/02/2021
48021/13
STUZHUK
11/02/2021
11/02/2021
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 different violations established related to pre-trial detention, including on account of excessive length of pre-trial detention and absence of speedy review (violations of Article 5 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 action plan 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 document DH-DD(2022)372);
Considering that the question of individual measures was resolved given that the applicants are no longer held in detention on remand and that all required individual measures have also been taken in respect of the other violations found by the Court; noting in that respect that the 24/7 house arrest was replaced by arrest at night in the Kostyna case;
Recalling that the question of general measures required in response to the main shortcomings found by the Court in these cases continues to be examined within the framework of the Ignatov group 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 and
DECIDES to close the examination of these cases.