Resolution CM/ResDH(2021)416
Execution of the judgment of the European Court of Human Rights
Ivashchenko against Ukraine
(Adopted by the Committee of Ministers on 8 December 2021
at the 1420th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
41303/11
IVASHCHENKO
10/09/2020
10/09/2020
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 judgment transmitted by the Court to the Committee in this case and to the violations established on account of the applicant’s confinement in a metal cage in the courtroom during criminal proceedings against him and the lack of sufficient justification and the length of the applicant’s detention (violations of Article 3 and Article 5, paragraph 3, 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 i to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)882);
Considering that the question of individual measures was resolved given that the applicant has been released from detention;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment in relation, in particular, to the confinement in a metal cage during the criminal hearings and to unlawful and lengthy detention on remand continues to be examined within the framework of the Lutsenko (No.2) and Ignatov v. Ukraine groups of cases respectively, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.