Resolution CM/ResDH(2019)28
Execution of the judgments of the European Court of Human Rights
Eight cases against Ukraine
(Adopted by the Committee of Ministers on 30 January 2019
at the 1335th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
21979/04
PYSATYUK
16/04/2009
14/09/2009
22600/02
KUCHERENKO
26/07/2007
26/10/2007
28585/04
PALAMARCHUK
15/07/2010
22/11/2010
32425/08+
GAVRILYAK AND OTHERS
02/02/2017
02/02/2017
39970/02
SHANKO
26/07/2007
26/10/2007
64836/16
MAKEDON
28/09/2017
28/09/2017
69435/01
KARIMOV
31/01/2008
30/04/2008
8416/06+
YUDINA AND OTHERS
12/10/2016
12/01/2017
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 excessive length of civil proceedings as well as the lack of an effective remedy in this respect (violations of Articles 6, paragraph 1, and 13);
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 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 and the state of the domestic proceedings (see Annex I to the document DH-DD(2018)760);
Considering that the question of individual measures has therefore been resolved in these cases, given that the domestic proceedings have been terminated;
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 Svetlana Naumenko group 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 the cases listed below as regards the individual measures and
DECIDES to close the examination thereof.
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