Resolution CM/ResDH(2026)41
Execution of the judgments of the European Court of Human Rights
Two cases against Ukraine
(Adopted by the Committee of Ministers on 11 March 2026
at the 1553rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
760/03
VASILIY IVASHCHENKO
26/07/2012
26/10/2012
16025/06
GEMU
22/09/2022
22/09/2022
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 inhuman and degrading treatment by the police and lack of effective investigations thereinto (violation of Article 3), the authorities’ failure to furnish all necessary facilities to the applicant in order to make possible a proper and effective examination of his application by the Court or failure to fulfil the obligation not to hinder the effective exercise of the right of individual application (violation of Article 34), as well as lack of equality of arms in the proceedings before the Supreme Court (violation of Article 6§1);
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 in the Vasiliy Ivashchenko case and noting that no award of just satisfaction was made by the Court in the Gemu case (see document DH-DD(2026)13);
Noting with deep regret that no further individual measures are possible in the Vasiliy Ivashchenko case in view of the discontinuation of the reopened investigation into the applicant’s ill-treatment and the dismissal of the applicant’s complaints against this discontinuation by the domestic courts, while the reopened investigation failed to fully remedy the shortcomings of the initial investigation identified by the Court;
Considering that no further individual measures are possible in the Gemu case where the applicant’s requests for review of the impugned domestic court decision were rejected as lodged outside the statutory time-limit;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this these judgments continues to be examined within the framework of the Naydyon and Kaverzin/ Afanasyev/Belousov 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 inhuman and degrading treatment by the police and lack of effective investigation thereinto, as well as the authorities’ failure to furnish all necessary facilities to the applicant in order to make possible a proper and effective examination of his application by the Court or failure to fulfil the obligation not to hinder the effective exercise of the right of individual application;
Recalling that the question of general measures required in response to a similar violation, established in Gemu on account of lack of equality of arms in the proceedings before the Supreme Court was examined in the framework of the Zhuk case, which was closed by Final Resolution CM/ResDH(2021)276;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that no further individual measures are possible;
DECIDES to continue to supervise the adoption of the necessary general measures concerning to inhuman and degrading treatment by the police and lack of effective investigations thereinto – in the Kaverzin/Afanasyev/Belousov groups of cases; concerning the authorities’ failure to furnish all necessary facilities to the applicant in order to make possible a proper and effective examination of his application by the Court or failure to fulfil the obligation not to hinder the effective exercise of the right of individual application – in the Naydyon group of cases;
DECIDES to close the examination of these cases.