Resolution CM/ResDH(2023)271
Execution of the judgments of the European Court of Human Rights
Sixteen cases against Ukraine
(Adopted by the Committee of Ministers on 21 September 2023
at the 1475th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
53132/18+
Tsukur and others
17/10/2019
17/10/2019
1343/19+
Petruk and others
14/11/2019
14/11/2019
54141/12
CHERNYAVSKIY
22/10/2020
22/10/2020
34745/19+
paramushchak and shpakovskyy
10/12/2020
10/12/2020
40059/19
yolkin
14/01/2021
14/01/2021
53192/18
Glebov
25/02/2021
25/02/2021
57291/19
Byelikov
01/04/2021
01/04/2021
57287/19
millyer and benedyk
01/01/2021
01/04/2021
43764/19+
omelchenko and others
15/04/2021
15/04/2021
46948/19
palanchuk
24/06/2021
24/06/2021
59197/19+
chernykh and grubyy
28/10/2021
28/10/2021
55903/20
krupa
18/11/2021
18/11/2021
48930/20
KAYUN
29/09/2022
09/09/2022
60241/19
ANTONOV
10/02/2022
10/02/2022
9225/20
PERSPEKTYVNYY
06/10/2022
06/10/2022
9245/19
BABIN
09/02/2023
09/02/2023
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 poor conditions of detention and lack of effective remedies thereof; excessive length of pre-trial detention; excessive length of judicial review of detention; lack of, or inadequate, compensation for unlawful arrest or detention and for the violation of Article 5, paragraph 3, of the Convention; excessive length of criminal proceedings, and lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;
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 information 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 documents DH-DD(2021)1047; DH-DD(2022)690; DH-DD(2022)896;
DH-DD(2023)808);
Considering that the question of individual measures was resolved given that the just satisfaction, where awarded by the Court was paid, the applicants are no longer held in detention 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 these judgments continues to be examined within the framework of the Nevmerzhitsky, Melnik, Ignatov and Merit groups 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 in relation to, respectively: the poor conditions of detention and lack of effective remedies thereof; excessive length of pre-trial detention; excessive length of judicial review of detention; lack of, or inadequate, compensation for unlawful arrest or detention and for the violation of Article 5, paragraph 3, of the Convention; excessive length of criminal proceedings and lack of effective remedy in domestic law in this respect;
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 poor conditions of detention and lack of effective remedies thereof; excessive length of pre-trial detention; excessive length of judicial review of detention; lack of, or inadequate, compensation for unlawful arrest or detention and for the violation of Article 5, paragraph 3, of the Convention; excessive length of criminal proceedings and lack of effective remedy in domestic law in this respect in, respectively, the Nevmerzhitsky, Melnik, Ignatov and Merit groups of cases;
DECIDES to close the examination of these cases.