Resolution CM/ResDH(2021)429
Execution of the judgments of the European Court of Human Rights
Eight cases against Ukraine
(Adopted by the Committee of Ministers on 2 December 2021
at the 1419th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
31720/02
TITARENKO
20/09/2012
20/12/2012
45947/06
KOBERNIK
25/07/2013
25/10/2013
69250/11
ALEKSANDR VLADIMIROVICH SMIRNOV
13/03/2014
13/06/2014
1858/08
LAVRINYUK
04/12/2018
04/12/2018
38092/18
LYSENKO
19/09/2019
19/09/2019
7218/19+
DYKUSARENKO
09/04/2020
09/04/2020
5353/14+
BORZYKH AND OTHERS
25/06/2020
25/06/2020
43961/19
VYNOGRADSKYY
22/10/2020
22/10/2020
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; unfair or excessively lengthy criminal proceedings; denial of family visits in pre-trial detention; shortcomings in the pre-trial detention and failure to comply with obligations under Article 34 of the Convention;
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 in order 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(2021)1047);
Considering that the question of individual measures was resolved, given that the just satisfaction 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 the present judgments continues to be examined within the framework of the Sukachov, Nevmerzhitsky, Yakovenko and Melnik v. Ukraine, Merit v. Ukraine, Yaremenko v. Ukraine (No. 2), Balitskyy v. Ukraine, Shalimov v. Ukraine, Ignatov v. Ukraine and Naydyon v. Ukraine groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination of these cases.