Resolution CM/ResDH(2017)294
Execution of the judgments of the European Court of Human Rights
Seven cases against Ukraine
(Adopted by the Committee of Ministers on 21 September 2017 at the 1294th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
22737/04
IGOR SHEVCHENKO
12/01/2012
04/06/2012
21454/04
MERKULOVA
03/03/2011
03/06/2011
5952/07
MASNEVA
20/12/2011
20/03/2012
48229/10
PADURA
11/12/2014
11/12/2014
15938/02
MYRONENKO
18/02/2010
18/05/2010
38765/05
OLEYNIKOVA
15/12/2011
15/03/2012
40458/08
TUCHIN AND TUCHINA
26/05/2016
26/05/2016
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)716);
Having further noted, with respect to individual measures, that the criminal proceedings are now closed and that the facts occurred in these cases before the entry into force of the new Code of Criminal Procedure in November 2012;
Having noted, in respect of the general measures adopted, that progress has been made in the execution process, 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 Khaylo 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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