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Resolution CM/ ResDH (2019)368 Execution of the judgments of the European Court of Human Rights Forty eight cases against Russian Federation

(Adopted by the Committee of Ministers on 5 December 2019 at the 1362 nd meeting of the Ministers’ Deputies)

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 various irregularities concerning pre-trial detention (violations of Article 5 of the Convention);

Having regard also to the violations established in some cases related to length of criminal proceedings, non-participation in the civil proceedings without sufficient grounds, restriction of liberty for reasons other than those permissible under Article 5 and lack of any effective remedy in respect of inadequate conditions of detention (violations of Articles 6, Article 18 in conjunction with Article 5 of the Convention, and Article 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 noted the information provided regarding the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures has been resolved, given that the applicants are no longer in pre-trial detention; that they moreover no longer suffer the consequences of the violations established in respect of Articles 6 and Article 18 in conjunction with Article 5 of the Convention; and that the domestic law allows for the reopening of criminal proceedings found by the Court to have been unfair;

Considering that the question of general measures has moreover been resolved in the case of Gusinskiy , given that the type of abuse of power at issue would today be proscribed by a clear legislative framework and subject to effective judicial review, thus eliminating the main cause for the violations established by the Court;

Recalling that the question of other general measures required in response to the shortcomings found by the Court in the present judgments as regards the irregularities related to pre-trial detention continues to be examined within the framework of the Klyakhin v. Russian Federation group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in the Klyakhin group;

Recalling also that the general measures required in response to the other violations found in some of these cases are or were examined by the Committee in the groups Smirnova (Resolution CM/ ResDH (2017)168 ), Kalashnikov and Kovalev ;

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.

Appendix: list of cases

Application

Case

Judgment of

Final on

3223/07

ALEKSEY MAKAROV

12/06/2008

12/09/2008

1386/14

AMIZHAYEV

21/11/2017

24904/07+

BADALOV AND OTHERS

06/07/2017

44786/11+

BEKUZAROV AND OTHERS

06/10/2016

43611/02

BELOZOROV v. Russia and Ukraine

15/10/2015

15/01/2016

35919/05+

BIRULEV AND SHISHKIN

14/06/2016

14/09/2016

47230/11

BOGOSYAN

09/01/2018

30454/08+

BRAZHNIKOV AND OTHERS

21/07/2016

57215/09

BURYKIN

11/10/2016

69863/13

DAVLYASHOVA

18/10/2016

9668/10

DAYANOV AND OTHERS

04/05/2017

24967/06+

DEVYATOV AND OTHERS

20/12/2016

9673/09

DUDIN

03/04/2018

49507/10+

DUDNICHENKO AND WAES

06/04/2017

57426/14

DVORETSKIY

25/07/2017

51182/10+

DZHABAROV AND OTHERS

02/02/2017

50483/07+

FEDOROV AND OTHERS

16/02/2017

34180/08

GONTMAKHER

27/09/2016

2750/07

GRABOVOY AND OTHERS

22/09/2016

70276/01

GUSINSKIY

19/05/2004

10/11/2004

44292/09

GVINIASHVILI

22/11/2016

72986/10+

KHAMZIN AND OTHERS

06/10/2016

77153/13+

KHASANOV AND OTHERS

16/02/2017

28484/06+

KIRILCHUK AND OTHERS

03/11/2016

3400/06+

KLEPIKOV AND OTHERS

24/11/2016

38971/06

KORSHUNOV

25/10/2007

25/01/2008

39399/08+

KOTOV AND OTHERS

16/02/2017

51311/12

MAKHMUD

20/09/2016

18123/04

MATSKUS

21/02/2008

21/05/2008

5403/07+

MAYEVSKIY AND OTHERS

24/11/2016

24552/02

MELNIKOVA

21/06/2007

30/01/2008

9070/14+

MEMETOV AND OTHERS

06/07/2017

6116/10+

NOSENKO AND OTHERS

06/04/2017

22727/08

PLOTNIKOV

11/10/2016

32327/06

POPKOV

15/05/2008

29/09/2008

45392/11+

PUSHCHELENKO AND OTHERS

10/03/2015

63038/10

RODKIN

10/01/2017

54071/00

ROKHLINA

07/04/2005

12/10/2005

5969/09+

RYZHIKOV AND OTHERS

11/10/2016

611/15+

SARBAKHTIN AND OTHERS

04/05/2017

7723/07+

SEMENOV AND BACHURINA

11/10/2016

30532/07+

SHIROKIKH AND OTHERS

06/07/2017

25102/07

SOKOLOVA AND OTHERS

12/10/2017

68433/10+

SOLOVYEV AND OTHERS

24/11/2016

7739/06

SOROKIN

30/07/2009

30/10/2009

40151/14

TARKHANOV

15/05/2018

32357/05+

VIKHAREV AND OTHERS

16/02/2017

25697/13+

ZAUSHKIN AND OTHERS

18/10/2016

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CASE OF ALEKSEY MAKAROV AGAINST RUSSIA AND 47 OTHER CASES

CASE OF ALEKSEY MAKAROV AGAINST RUSSIA AND 47 OTHER CASES