Resolution CM/ResDH(2019)15
Execution of the judgment of the European Court of Human Rights
Yuriy Volkov against Ukraine
(Adopted by the Committee of Ministers on 9 January 2019
at the 1333rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
45872/06
YURIY VOLKOV
19/12/2013
19/03/2014
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;
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 report provided by the government indicating the measures adopted in order 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(2018)1148) and having noted further that the applicant did not apply for re-opening of the impugned proceedings;
Having noted that the question of the general measures required in response to the violation of the right to a fair trial on the basis of self-incriminating statements made in the absence of a lawyer and in circumstances giving rise to a suspicion that the confessions had been given against the applicants’ will is being examined by the Committee in the context of the supervision of the Balitskiy / Yaremenko group of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in that group of cases;
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.
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