Resolution CM/ResDH(2018)316
Execution of the judgments of the European Court of Human Rights
12 cases against Ukraine
(Adopted by the Committee of Ministers on 5 September 2018 at the 1322nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
2440/07
SOLDATENKO
23/10/2008
23/01/2009
33210/07+
DUBOVIK
15/10/2009
15/01/2010
48068/06
NOVIK
18/12/2008
18/03/2009
2929/05
SVETLORUSOV
12/03/2009
12/06/2009
3990/06
KAMYSHEV
20/05/2010
20/08/2010
54131/08
BAYSAKOV AND OTHERS
18/02/2010
18/05/2010
41015/04+
KABOULOV
19/11/2009
10/05/2010
48495/07
KREYDICH
10/12/2009
10/03/2010
51243/08
PUZAN
18/02/2010
18/05/2010
12275/10
MOLOTCHKO
26/04/2012
26/07/2012
47593/10
KHOMULLO
27/11/2014
27/02/2015
19246/10
MOKALLAL
10/11/2011
10/02/2012
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;
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 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(2018)620);
Considering that the question of individual measures has been resolved, given that all the applicants have been released and that none of them are at any risk of extradition from Ukraine to a third State, in breach of Article 3 of the Convention;
Having noted in particular, in respect of the general measures adopted and without prejudging the assessment which the European Court may be called on to make, the introduction of changes to the Code of Criminal Procedure in both 2010 and 2012 which introduce inter alia a legal framework to govern detention pending extradition; a number of safeguards over such detention including judicial review; and remedies with suspensive effect where an individual claims a risk of ill-treatment upon extradition to a third country;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
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.
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