Resolution CM/ResDH(2019)150
Execution of the judgments of the European Court of Human Rights
Eight cases against Ukraine
(Adopted by the Committee of Ministers on 6 June 2019 at the 1348th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
33643/03
KOROSTYLYOV
13/06/2013
13/09/2013
21380/04
LOBAS
07/11/2013
07/02/2014
23265/05+
GERBEY AND OTHERS
21/07/2016
21/07/2016
40464/05
ARTUR PARKHOMENKO
16/02/2017
16/05/2017
3547/06
MUSHYNSKYY
15/09/2016
15/09/2016
26581/06
ANDREY ZAKHAROV
07/01/2016
07/04/2016
55876/08
MALOV
18/12/2018
18/12/2018
59937/08
TIKHAK
18/12/2018
18/12/2018
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 the refusal by the authorities to provide prisoners with effective access to the documents from their criminal files needed to substantiate their applications before the Court under Article 34;
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 where appropriate the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)373);
Considering that the question of individual measures has therefore been resolved, given that the domestic proceedings have terminated and that other complaints made by the applicants were rejected by the Court;
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 Naydyon 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 as regards the individual measures and
DECIDES to close the examination of these cases.
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