Resolution CM/ResDH(2024)128
Execution of the judgments of the European Court of Human Rights
26 cases against Ukraine
(Adopted by the Committee of Ministers on 13 June 2024
at the 1501st meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
25633/18
KORNILOV
06/10/2022
06/10/2022
23534/20
GORBUNENKO
06/10/2022
06/10/2022
57967/15
LUKASH AND MAGDALITS
29/09/2022
29/09/2022
988/13
KOLESNIKOV
20/09/2022
20/09/2022
11623/13
SERDYUKOV
20/09/2022
20/09/2022
54014/13
BABICH
20/09/2022
20/09/2022
13911/14
MOLCHANOV
20/09/2022
20/09/2022
21702/14
KADUSHKEVYCH
20/09/2022
20/09/2022
24178/14
BARTKOVA AND VORONIN
10/02/2022
10/02/2022
17573/14
GRESS
20/01/2022
20/01/2022
54337/19
YEGOROV AND OTHERS
08/07/2021
08/07/2021
13399/19
ZOLOTARYOV
01/04/2021
01/04/2021
34900/08
NAKONECHNYY AND OTHERS
11/01/2018
11/01/2018
49701/12
MOYSEYETS AND OTHERS
05/10/2023
05/10/2023
33688/17
PSHIK AND SHYSHENKO
05/10/2023
05/10/2023
18444/18
TROFYMENKO
04/05/2023
04/05/2023
71105/14
TSEKHANOVYCH AND OTHERS
13/04/2023
13/04/2023
5765/20
OLEKSEYCHUK
15/12/2022
15/12/2022
68678/17
SIDAK
10/11/2022
10/11/2022
74633/17
SURZHAN AND GULYY
27/10/2022
27/10/2022
40232/19
DYSHUK AND OTHERS
02/03/2023
02/03/2023
69195/17
MARTYNCHUK AND OTHERS
01/12/2022
01/12/2022
64627/13
OKSANICH
20/01/2022
20/01/2022
15360/10
NECHAY
01/07/2021
01/10/2021
44704/11
POPOVYCH
22/04/2021
22/07/2021
9333/20
KONDRATENKO
20/05/2021
20/05/2021
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 violations established mainly on account of unlawful and excessive length of detention on remand as well as the lack of judicial review compatible with the standards laid down in the Court’s case-law and an enforceable right to compensation (violations of Articles 5, paragraphs 1, 3, 4 and 5);
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 plans provided by the government indicating the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2024)384 and DH-DD(2024)127);
Considering that the question of individual measures was resolved, given that the applicants are no longer in detention on remand;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments, continues to be examined within the framework of the Ignatov group of cases, also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the application of detention on remand under the 2012 Code of Criminal Procedure;
Noting that questions related to excessive length of criminal proceedings, raised by the Gorbunenko, Yegorov and Others, Nakonechnyy and Others, Dyshuk and Others and Nechay cases, are being examined by the Committee in the context of the supervision of the Merit group of cases;
Noting that questions related to delayed release from detention, raised by the Dyshuk and Others case, are being examined by the Committee in the context of the supervision of the Oshurko group of cases;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning the application of detention on remand under the 2012 Code of Criminal Procedure in the context of the Ignatov group of cases;
DECIDES to close the examination of these cases.