Resolution CM/ResDH(2024)199
Execution of the judgments of the European Court of Human Rights
Three cases against Ukraine
(Adopted by the Committee of Ministers on 19 September 2024
at the 1507th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
77909/12
ROMANYUK
20/09/2022
20/09/2022
78181/12
SOLEYKO
20/09/2022
20/09/2022
19854/13
KORNATSKYY
20/09/2022
20/09/2022
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 arbitrary invalidation of the election results in all three cases and arbitrary and disproportionate cancellation of the candidacy in the Romanyuk case (violations of Article 3 of Protocol No.1) as well as deprivation of liberty not based on a reasonable suspicion of having committed an offence in the Romanyuk case (violation of Article 5 § 1);
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 report 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(2023)264);
Considering that the question of individual measures was resolved, given the just satisfaction has been paid in all cases in which it was awarded, the applicant Romanyuk is no longer held in detention and none of the applicants applied for the reopening of the domestic proceedings;
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 Markov 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 required;
Noting that questions related to unlawful detention, raised by the Romanyuk case, are being examined by the Committee in the context of the supervision of the Ignatov 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 violations of passive electoral rights in the Markov group of cases and unlawful detention in the Ignatov group of cases;
DECIDES to close the examination of these cases.