Resolution CM/ResDH(2021)203

Execution of the judgments of the European Court of Human Rights

Three cases against Russian Federation

(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

29309/03

GUBIYEV

19/07/2011

08/03/2012

72118/01

KHAMIDOV

15/11/2007

02/06/2008

5063/05

SALAMOV

12/01/2016

12/04/2016

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 mainly concerning violations of the applicants’ property rights (violations of Article 1 of Protocol No. 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 information provided by the government in respect of the individual measures including as regards the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures has been resolved, given that the applicants have been paid just satisfaction awarded by the Court which compensated fully all damage caused by the violations;

Recalling that the question of the general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Khashiyev and Akayeva group (Application No. 57942/00) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures;

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

DECIDES to close the examination of these cases.