Resolution CM/ResDH(2022)181
Execution of the judgments of the European Court of Human Rights
Three cases against Ukraine
(Adopted by the Committee of Ministers on 30 June 2022
at the 1438th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
40512/13
SERGEY ANTONOV
22/10/2015
22/01/2016
36853/09
SERGEY SMIRNOV
18/12/2018
18/12/2018
17278/18
SOLOPOVA
27/06/2019
27/06/2019
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 lack of adequate medical assistance in detention, absence of an effective domestic remedy in respect of complaints regarding inadequate medical care in detention, monitoring of the applicant’s correspondence with entities not exempted from monitoring under domestic law and hindrances to the right to individual petition;
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 give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)22
Considering that the question of individual measures was resolve, given that the just satisfaction awarded by the Court has been paid and 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 cases continues to be examined within the framework of the Isayev and Naydyon groups 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 and
DECIDES to close the examination of these cases.