Resolution CM/ Res DH ( 2020 ) 209

Execution of the judgments of the European Court of Human Rights

Two 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

21357/08+

OVECHKINA AND OTHERS

08/06/2017

08/06/2017

73007/14

SHOLOKH

11/04/2019

11/04/2019

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 excessive length of criminal/civil proceedings as well as the lack of effective remedy in this respect (violations of Articles 6 , paragraph 1 , and 13 );

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 information 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 DH-DD(2020)612 ) ;

Considering that the question of individual measures has been resolved in these cases, given that the criminal/civil proceedings have been terminated;

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 in the framework of the Merit and Svetlana Naumenko 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 the cases listed below as regards the individual measures and

DECIDES to close the examination thereof .