Resolution CM/ResDH(2021)111
Execution of the judgments of the European Court of Human Rights
12 cases against Ukraine
(Adopted by the Committee of Ministers on 9 June 2021
at the 1406th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
32569/08
GRIGORYEV
07/03/2019
07/03/2019
58444/15
GRUBNYK
17/09/2020
17/12/2020
44475/08+
KARELSKIY AND OTHERS
06/12/2018
06/12/2018
26744/16
KORBAN
04/07/2019
09/12/2019
66217/10
KRASNYUK
17/12/2019
17/12/2019
63542/13+
LAVRIK AND OTHERS
25/06/2020
25/06/2020
14490/07+
MARIYANCHUK AND OTHERS
17/01/2019
17/01/2019
61075/10+
MEDVEDEV AND KOSTYUK
20/12/2018
20/12/2018
76273/11
ROMANOV
28/05/2020
28/05/2020
66356/10+
VERKHOGLYAD AND PASICHNYY
08/11/2018
08/11/2018
72192/12+
VYSHNEVSKYY AND OTHERS
28/05/2020
28/05/2020
10444/13
YELNIK
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 different violations established related to pre-trial detention, including on account of excessive length of pre-trial detention and absence of the 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(2021)340);
Considering that the question of individual measures was therefore 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 criminal proceedings have concluded in the cases of Yelnik, Mariyanchuk and Others, Karelskiy and Others, Krasnyuk, Korban Verkhoglyad and Others; that the restriction in the Krasnyuk case on the applicant’s right to receive family visits in detention ended in April 2012; that questions related to the violation of Article 6, paragraph 2, (the wording of the pre-trial detention order in breach of the presumption of innocence), raised by the Grubnyk case, had no impact on the criminal proceedings in which he was not convicted; that the applicant in the Korban case was convicted only on some of the charges, where he plead guilty and signed a friendly settlement with the victim in March 2016 and all other charges were dropped and the criminal proceedings discontinued in 2017;
Recalling that the question of general measures required in response to the main shortcomings found by the Court in the present judgments 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 in relation to detention on remand;
Noting that questions related to excessive length of criminal proceedings, raised by the Yelnik, Mariyanchuk and others, Karelskiy and Others, Krasnyuk, Korban Verkhoglyad and Others cases, are being examined by the Committee in the context of the supervision of the Merit group of cases;
Noting that questions related to the violation of Article 3 (the applicant’s state of health during the trial and the confinement of the applicant in a metal cage during court hearings), raised by the Korban case, are being examined by the Committee in the context of the supervision of the Lutsenko (no. 2) group of cases;
Noting that questions related to the violation of Article 6, paragraph 2 (the statements of the authorities with regard to the criminal proceedings against the applicant in breach of the presumption of innocence), raised by the Korban case, were examined by the Committee in the Shagin group (closed by the Final Resolution CM/ResDH(2020)294);
Noting that questions related to the violation of Article 6, paragraph 2 (the wording of the pre-trial detention order in breach of the presumption of innocence), raised by the Grubnyk case, are being examined by the Committee in the context of the supervision of the Panteleyenko group of cases;
Noting that questions related to the violation of Article 8 (unjustified restriction of detainees’ contacts with their families), raised by the Krasnyuk case, are being examined by the Committee in the context of the supervision of the Shalimov group of 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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