Interim Resolution CM/ResDH(2021)430
Execution of the judgments of the European Court of Human Rights
Sukachov, Nevmerzhitsky group, Yakovenko group and Melnik group v. Ukraine
(Adopted by the Committee of Ministers on 2 December 2021
at the 1419th meeting of the Ministers' Deputies)
Application
Case
Judgment of
Final on
14057/17
SUKACHOV
30/01/2020
30/05/2020
54825/00
NEVMERZHITSKY
(List of cases CM/Notes/1419/H46-43-app)
05/04/2005
12/10/2005
15825/06
YAKOVENKO
25/10/2007
25/01/2008
28253/11
TYMCHENKO
27/05/2021
27/05/2021
72286/01
MELNIK
28/03/2006
28/06/2006
11773/08
TKACHEV
19/04/2018
19/04/2018
19585/18
SYENIN
21/02/2019
21/02/2019
34697/04
DOLGIKH
11/07/2019
11/07/2019
19591/18
PETROV AND KOROSTYLYOV
11/07/2019
11/07/2019
6128/12
RODZEVILLO
17/12/2019
17/12/2019
34745/19+
PARAMUSHCHAK AND SHPAKOVSKYY
10/12/2020
10/12/2020
59753/19+
VYSOTSKYY AND OTHERS
25/02/2021
25/02/2021
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”);
Recalling that the structural problems revealed by these cases, notably overcrowding and poor material conditions of detention and the lack of effective remedies thereof, have been pending before the Committee since 2005, and that the Court has since adopted 110 judgments revealing various aspects of these problems;
Recalling further that the Committee has, in its interim resolution of 2018, called upon the authorities to act on their commitment to resolve the problems linked to conditions of detention and, therefore, establish, as a matter of priority, effective domestic remedies for allegations of ill-treatment on account of overcrowding, poor material conditions and insufficient medical care in detention;
Having regard to the pilot judgment of the Court in the case of Sukachov v. Ukraine, final on 30 May 2020, indicating that the respondent State must take measures aimed at reducing overcrowding and improving material conditions of detention, and introduce preventive and compensatory remedies by 30 November 2021;
Noting that certain steps have been taken by the Ukrainian authorities to improve conditions of detention and a reflection process was initiated on the adoption of domestic remedies for inadequate conditions of detention, however they are insufficient to disclose concrete progress in these areas;
RECALLING that the structural problems of overcrowding, inhuman and/or degrading conditions of detention and transportation and nutrition, and absence of a Convention-compliant system of domestic remedies thereof, have been pending before the Committee since 2005, without major progress reported so far;
NOTING that these deficiencies have serious humanitarian implications for those still in detention and put an additional undue burden on the Convention system, resulting in repetitive applications lodged with the Court on recurring problems of overcrowding and material conditions of detention, disclosing a widespread structural problem resulting from a malfunctioning of the Ukrainian penal system and insufficient safeguards against treatment proscribed by Article 3;
REITERATING that the obligation to abide by the judgments of the Court under Article 46 of the Convention and the principle of subsidiarity which are enshrined therein, entailed the obligation for the state, in context of the present cases, to find appropriate means to resolve the problem of inadequate conditions of detention and lack of effective domestic remedies thereof;
HAVING REGARD to the Court’s further indications under Article 46 in the pilot judgment in the case of Sukachov, that the Ukrainian authorities must take measures aimed at reducing overcrowding and improving material conditions of pre-trial detention and introduce preventive and compensatory remedies by 30 November 2021;
EXPRESSED DEEP REGRET about the lack of concrete progress in the implementation of the pilot judgment within the deadline set by the Court to this end;
RECALLING the absolute nature of the prohibition of torture or inhuman or degrading treatment or punishment, enshrined in Article 3 of the Convention and the Court’s case-law;
STRONGLY URGED the authorities, at the highest political level, to overcome the current inertia and to hold to their commitment to resolve the problems of overcrowding and poor material conditions of detention and lack of effective remedies thereof and to adopt, as a matter of priority and without any further delay, the general measures required fully to comply with the pilot judgment;
ENCOURAGED the authorities to take full advantage of the technical assistance available from the Joint Project of the European Union and the Council of Europe in this area;
CALLED on the authorities to keep the Committee of Ministers informed in a timely manner of all developments and any progress made;
DECIDED to resume consideration of these groups of cases at their 1443rd meeting (September 2022) (DH) at the latest.