Resolution CM/ ResDH (2020)296

Execution of the judgments of the European Court of Human Rights

Six cases against Ukraine

(Adopted by the Committee of Ministers on 3 December 2020

at the 1390 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

37246/06

MUTA

31/07/2012

31/10/2012

54755/08

ALEKSANDR NIKONENKO

14/11/2013

14/02/2014

56697/09

SKOROKHODOV

14/11/2013

14/02/2014

27454/11

ORLIK

11/02/2016

11/02/2016

10025/06

PELESHOK

08/12/2016

08/12/2016

1661/08

CHERNAYA

15/12/2016

15/12/2016

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 and to the violations established as regards the f ailure of the authorities to conduct effective investigations into allegations of ill-treatment suffered at the hands of private individuals ;

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)657 );

Considering that the question of individual measures has been resolved, given that all possible steps have been taken in the criminal investigations that have been now finalised in respect of all of the applicants, and that the just satisfaction has been paid;

Noting the general measures taken in these cases and recalling that the implementation of the new Code of Criminal Procedure and the impact of police reform in improving the effectiveness of criminal investigations will continue to be followed by the Committee of Ministers in the context of the Khaylo v. Ukraine group of cases;

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.