Resolution CM/ResDH(2025)323
Execution of the judgment of the European Court of Human Rights
Sparysh and Kutsmand against Ukraine
(Adopted by the Committee of Ministers on 15 October 2025
at the 1540th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
49709/18
SPARYSH AND KUTSMAND
12/09/2024
12/09/2024
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 judgment transmitted by the Court to the Committee in this case and to the violations established on account of poor material conditions of detention in the detention facility and during transportation between detention facilities or to courts, and the lack of effective remedies thereof (violations of Article 3 and 13), inhuman conditions of detention on the hearing days (violation of Article 3), unlawful arrest without a judicial order, excessive length of pre-trial detention, lack of or insufficient compensation for unlawful arrest or detention (violations of Article 5, paragraphs 1, 3 and 5), and excessive length of criminal proceedings and the lack of effective remedies thereof (violations of Article 6, paragraph 1, and Article 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 updated action plan and information indicated in the addendum to the updated action plan provided by the government indicating the individual measures adopted to execute the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)542 and DH-DD(2025)960, respectively);
Considering that the question of individual measures was resolved, given that the applicants have been released, and the domestic proceedings have been terminated;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Nevmerzhitsky, Ignatov, and Merit groups of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;
Recalling that the question of general measures required in response to a similar violation, established on account of inhuman conditions of detention on the hearing days, was examined in the framework of the Lutsenko (No. 2) case, which was closed by Final Resolution CM/ResDH(2022)139;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning poor material conditions of detention and the lack of effective remedies thereof in the Nevmerzhitsky group of cases; unlawful arrest, excessive length of pre-trial detention, the lack of or insufficient compensation for unlawful arrest or detention in the Ignatov group of cases; excessive length of criminal proceedings and the lack of effective domestic remedies thereof in the Merit group of cases;
DECIDES to close the examination of this case.