Resolution CM/ResDH(2018)342
Execution of the judgment of the European Court of Human Rights
Viktor Konovalov against Russian Federation
(Adopted by the Committee of Ministers on 20 September 2018
at the 1324th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
43626/02
Viktor Konovalov
24/05/2007
24/08/2007
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 violation established;
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 measures adopted to give effect to the judgment, and noting that no award of just satisfaction was made by the Court in the present case (see Appendix);
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.
Appendix
Information about the measures to comply with the judgment
in the Viktor Konovalov case against Russian Federation
Case summary
This case concerns the unlawful sale, in 1999, by a bailiff of the applicant’s car seized due to a breach of customs regulations, while his judicial appeal against the decision of the customs office on seizure was still pending (violation of Article 1 of Protocol No. 1).
I. Individual measures
The Court did not make a just satisfaction award, as the applicant did not submit any claim within the time-limit. The applicant could have requested the reopening of the domestic compensation proceedings after the Court’s judgment. In the absence of such a request, no individual measures are required.
II. General measures
The violation in the present case was caused by a bailiff’s unlawful acts, which represents an isolated incident. The law or domestic practice was not called into question by the Court. Consequently the publication and dissemination of the judgment to the authorities concerned, which has been done, appear sufficient to prevent future similar violations. No further general measures are thus necessary.
III.Conclusions of the respondent State
The government considers that no individual measure is required and that the general measures adopted will prevent similar violations and that the Russian Federation has thus complied with its obligations under Article 46, paragraph 1, of the Convention in the present case.
Full & Egal Universal Law Academy