Resolution CM/ResDH(2021)253

Execution of the judgment of the European Court of Human Rights

Mironenko and Martenko against Ukraine

(Adopted by the Committee of Ministers on 13 October 2021

at the 1414 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

4785/02

MIRONENKO AND MARTENKO

10/12/2009

10/03/2010

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 different violations established related to pre-trial detention (violations of Article 5 of the Convention) and the lack of impartiality of the domestic courts (violations of Article 6, paragraph 1, 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 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)743 );

Considering that the question of individual measures was resolved, given that the just satisfaction was paid, the applicant is no longer held in detention on remand, and his military status and pension rights were fully restored following the reopening of the domestic proceedings;

Recalling that the question of general measures required in response to the shortcomings found by the Court in this case in relation to the lawfulness and the length of pre-trial detention continues to be examined within the framework of the Ignatov group of cases;

Recalling further that the question of general measures required in response to the issue of lack of impartiality of the domestic courts continues to be examined within the Rudnichenko case and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as regards the individual measures and

DECIDES to close the examination of this case.