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CASE OF GAVULA AGAINST UKRAINE AND 17 OTHER CASES

Doc ref: 52652/07, 9450/06, 4772/06, 37240/07, 3001/06, 24107/13, 32392/07, 45811/16, 24874/08, 31283/17, 700... • ECHR ID: 001-205922

Document date: October 1, 2020

  • Inbound citations: 17
  • Cited paragraphs: 1
  • Outbound citations: 0

CASE OF GAVULA AGAINST UKRAINE AND 17 OTHER CASES

Doc ref: 52652/07, 9450/06, 4772/06, 37240/07, 3001/06, 24107/13, 32392/07, 45811/16, 24874/08, 31283/17, 700... • ECHR ID: 001-205922

Document date: October 1, 2020

Cited paragraphs only

Resolution CM/ Res DH ( 2020 ) 210

Execution of the judgments of the European Court of Human Rights

18 cases against Ukraine

(Adopted by the Committee of Ministers on 1 October 2020

at the 1383 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

52652/07

GAVULA

16/05/2013

07/10/2013

9450/06

SOSNOVSKIY

08/12/2016

08/12/2016

4772/06

KOMAROV

19/01/2017

19/01/2017

37240/07

KIYASHKO

23/02/2017

23/02/2017

3001/06

MALCHENKO AND OTHERS

06/04/2017

06/04/2017

24107/13

D.S.

09/11/2017

09/11/2017

32392/07

LADA

06/02/2018

06/02/2018

45811/16

MAYSTRENKO

28/06/2018

28/06/2018

24874/08

BAKCHIZHOV

30/10/2018

30/10/2018

31283/17

OSIPENKOV

29/01/2019

29/01/2019

70043/17

GARUMOV

06/06/2019

06/06/2019

27805/18

RADYUKIN

11/07/2019

11/07/2019

57240/14

SERZHANTOV

11/07/2019

11/07/2019

46196/11

SMILYANSKAYA

21/11/2019

21/11/2019

17853/19

TSATSENKO

05/12/2019

05/12/2019

78484/11

STRYUKOV

23/01/2020

23/01/2020

52826/18

MESHTESHUG

06/02/2020

06/02/2020

49614/18

GERASIN

06/02/2020

06/02/2020

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 poor conditions of detention and transportation, lack of medical care in detention and lack of effective remedies thereof; irregularities of the detention on remand; excessive length of proceedings or of pre-trial detention and failure to comply with an interim measure indicated by the Court under Rule 39;

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 plan 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)625 );

Considering that the question of individual measures was therefore resolved, given that the applicants are no longer in detention, criminal proceedings have ended, and the just satisfaction where awarded by the Court has been paid;

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 Nevmerzhitsky , Ignatov , Merit and Salakhov and Islyamova groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required ;

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.

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