Resolution CM/ ResDH (2020)281

Execution of the judgments of the European Court of Human Rights

Six cases against the Russian Federation

(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

45057/06+

SOBOLEV AND OTHERS

09/11/2017

09/11/2017

18467/16+

PEREKRESTOV AND OTHERS

09/11/2017

09/11/2017

49132/10

BELYAYEV AND OTHERS

09/11/2017

09/11/2017

31044/08+

MULYUKOV AND OTHERS

12/10/2017

12/10/2017

57476/09+

ZAYTSEV AND OTHERS

12/10/2017

12/10/2017

20443/06+

CHERNOVA AND OTHERS

12/10/2017

12/10/2017

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 the various irregularities, the excessive length and the poor conditions of detention on remand, the excessive length of criminal proceedings, and the failure to ensure the participation of a prisoner in civil proceedings (violations of Articles 3, 5 and 6, paragraph 1, 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 individual measures adopted in order 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)330 );

Considering that the question of individual measures was resolved, given that the applicants are no longer held in detention on remand, the impugned criminal proceedings have been terminated, and no request for a reopening was brought in respect of the civil proceedings;

Recalling that the question of 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 groups of cases Klyakhin , Kalashnikov , and Igranov and Others , and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general required;

Recalling further that the general measures in relation to the excessive length of criminal proceedings were examined in the Smirnova group of cases closed by Final Resolution CM/ ResDH (2017)168 ;

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.