Resolution CM/ResDH(2024)127
Execution of the judgments of the European Court of Human Rights
Five 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
7918/07
KURIPKA
10/11/2016
10/11/2016
17735/06
CHOPENKO
15/01/2015
15/04/2015
15102/10
SOBKO
17/12/2015
17/03/2016
14486/07
MALYY
11/04/2019
11/04/2019
16404/03
SHABELNIK
19/02/2009
19/05/2009
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 applicants’ convictions on the basis of self-incriminating statements made in the absence of a lawyer and in circumstances giving rise to a suspicion that the confessions had been given against the applicants’ will.
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 execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)372);
Considering that the question of individual measures was resolved given that the just satisfaction, where awarded, has been paid and the applicants either have not requested reopening or due regard was given to their right to defence during the fresh proceedings and that, no further individual measures are necessary as regards violations of Articles 3 (conditions of detention and holding the applicant in a metal cage pending trial), 8 (correspondence with relatives) and 34 (provision of copies from the case file) in the cases of Kuripka and Malyy as the applicants are no longer in detention.
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 Balitskiy, Sukachov, Sergey Volosyuk and Naydyon groups 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 convictions on the basis of self-incriminating statements made in the absence of a lawyer, conditions of detention, correspondence with relatives from prison and provision of copies from the case file.
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 convictions on the basis of self-incriminating statements made in the absence of a lawyer, conditions of detention, correspondence with relatives from prison and provision of copies from the applicant’s case file in, respectively, the Balitskiy, Sukachov, Sergey Volosyuk and Naydyon groups of cases;
DECIDES to close the examination of these cases.