Resolution CM/ResDH(2021)185

Execution of the judgment of the European Court of Human Rights

Kornev and Karpenko against Ukraine

(Adopted by the Committee of Ministers on 16 September 2021

at the 1411 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

17444/04

KORNEV AND KARPENKO

21/10/2010

21/01/2011

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 as one of the applicants was not afforded adequate time and facilities for the preparation of her defence in certain administrative offence proceedings related to contempt of court (violation of Article 6, paragraph 1, and Article 6, paragraph 3 (b) of the Convention); due to the lack of opportunity for another applicant to question at any stage of the criminal proceedings the key witness who was under the witness protection programme (violation of Article 6, paragraph 3 (d)); and because of the failure to bring the applicant promptly before the court to decide on the lawfulness of his detention (violation of 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 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(2021)741 );

Considering that the question of individual measures was therefore resolved in the present case, given that the applicant was released prior to the Court’s judgment, the national courts’ judgments in respect of both applicants have been quashed and the respective administrative or criminal proceedings were terminated;

Noting with satisfaction the progress made in respect of the general measures including the legislative changes limiting the possibility of a custodial sanction for contempt of court, as well as the fact that the application of such sanctions by domestic courts is exceptional;

Recalling that the question of the general measures required to ensure the possibility to confront witnesses in criminal proceedings was examined within the Zhoglo group of cases, closed by Final Resolution CM/ResDH(2020)15 ;

Recalling that the question of the general measures required in response to the shortcomings found by the Court as to the safeguards in administrative offence proceedings continues to be examined within the framework of the Mikhaylova case and that the question of the general measures related to the review of the lawfulness of detention continues to be examined within the framework of the Ignatov group of cases, and noting that the closure of the present case therefore in no way prejudges the Committee’s evaluation of the remaining outstanding general measures;

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

DECIDES to close the examination of the present case.