Resolution CM/ ResDH ( 2021)137

Execution of the judgments of the European Court of Human Rights

Two cases against Ukraine

(Adopted by the Committee of Ministers on 30 June 2021

at the 1408 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

11901/02

PANTELEYENKO

12/02/2007

49526/07

KUZMENKO

09/03/2017

09/06/2017

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 and to the violations established on account of irregularities in the conduct of search and seizure (violation of Article 8 of the Convention), disclosure of confidential medical information (violation of Article 8), and breach of presumption of innocence by the domestic courts (violation of Article 6, paragraph 2), as well as the lack of domestic remedies to challenge the search and disclosure of information (violation of Article 13) and the lack of access to court to obtain redress in relation to the search (violation of Article 6, paragraph 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 action report provided by the government indicating the measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)465 );

Noting with satisfaction that the question of individual measures was resolved in these cases since the just satisfaction was paid, the seized items returned, the confidential medical information destroyed, and neither applicant requested the re-opening of the impugned proceedings;

Noting with satisfaction the overall progress made in respect of the general measures including:

- changes to the legislative framework improving the rules and procedural safeguards governing the conduct of searches and seizures, amongst other guarantees, strengthening the judicial control and requirements for the admissibility of evidence;

- broad dissemination of the Court’s judgments in the present cases as well as numerous capacity-building and awareness raising activities for judges on sensitive data protection and presumption of innocence;

Recalling that the general measures required as to the domestic remedies to obtain redress for unlawful searches are examined within the framework of the Koval and Others v. Ukraine group of cases and noting that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures which remain outstanding in this respect;

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 these cases and

DECIDES to close the examination thereof.