Resolution CM/ ResDH (2020)42

Execution of the judgments of the European Court of Human Rights

Five cases against Ukraine

(Adopted by the Committee of Ministers on 5 March 2020 at the 1369 th meeting of the Ministers ’ Deputies)

Application

Case

Judgment of

Final on

19156/07+

SAFONOVA AND OTHERS

20/12/2018

20/12/2018

39029/05+

ARKHIPOV AND OTHERS

12/10/2016

12/01/2017

48479/13

ANIFER

26/07/2018

26/10/2018

72681/10

GARBUZ

19/02/2019

19/05/2019

81639/17

SANCHYSHYN

07/03/2019

07/03/2019

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 mainly 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(2019)1151 ) ;

Considering that the question of individual measures has been resolved in these cases, given that the domestic proceedings have been terminated and that all required individual measures have also been taken in respect of the other violations found by the Court namely that the obligation not to abscond was lifted from the applicant in the case of Sanchyshyn ;

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;

Noting that questions related to excessive length of the obligation not to abscond, raised by the Sanchyshyn case, are being examined by the Committee in the context of the supervision of the Ivanov group of cases;

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 thereof.