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CASE OF RAKEVICH AGAINST RUSSIA AND 8 OTHER CASES

Doc ref: 58973/00;26321/03;33117/02;5525/11;28796/07;44009/05;34449/03;40979/04;11737/06 • ECHR ID: 001-207280

Document date: December 8, 2020

  • Inbound citations: 206
  • Cited paragraphs: 2
  • Outbound citations: 0

CASE OF RAKEVICH AGAINST RUSSIA AND 8 OTHER CASES

Doc ref: 58973/00;26321/03;33117/02;5525/11;28796/07;44009/05;34449/03;40979/04;11737/06 • ECHR ID: 001-207280

Document date: December 8, 2020

Cited paragraphs only

Resolution CM/ Res DH ( 2020 ) 333

Execution of the judgment s of the European Court of Human Rights

Nine cases against the Russian Federation

(Adopted by the Committee of Ministers on 8 December 2020

at the 1391 st meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

58973/00

RAKEVICH

28/10/2003

24/03/2004

26321/03

BIK

22/04/2010

04/10/2010

33117/02

LASHIN

22/01/2013

22/04/2013

5525/11

MIFOBOVA

05/02/2015

05/05/2015

28796/07

PETUKHOVA

02/05/2013

02/08/2013

44009/05

SHTUKATUROV

27/03/2008

04/03/2010

27/06/2008

04/06/2010

34449/03

SHULEPOVA

11/12/2008

11/03/2009

40979/04

TRUTKO

06/12/2016

06/03/2017

11737/06

ZAGIDULINA

02/05/2013

02/08/2013

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;

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(2020)1066 );

Recalling that the question of the general measures required in response to the shortcomings found by the Court in the Rakevich case as regards the violation of Article 5 , paragraph 4 (right to initiate judicial review of psychiatric confinement under the domestic law) continue to be examined within the framework of the Bataliny case and that the closure of the Rakevich case therefore does not in any way prejudge the Committee ’ s evaluation of the general measures required ;

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.

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