Resolution CM/ResDH(2024)130
Execution of the judgments of the European Court of Human Rights
Three cases against Ukraine
(Adopted by the Committee of Ministers on 13 June 2024
at the 1501st meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
24392/06
URZHANOV
14/12/2017
14/12/2017
8808/21
KILYEVYCH
10/02/2022
10/02/2022
61919/19
MYASNIKOV AND ULYANOV
10/06/2021
10/06/2021
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”,
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; 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 this respect
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 to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2024)392 and DH-DD(2024)438);
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; 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; 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.