CASE OF BENYAMINSON AGAINST UKRAINE AND 12 OTHER CASES
Doc ref: 31585/02, 35534/10, 61404/08, 15642/07, 22538/04, 2293/09, 27552/08, 30713/05, 32514/12, 40427/08, 4... • ECHR ID: 001-199625
Document date: December 5, 2019
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Resolution CM/ ResDH (2019)370 Execution of the judgments of the European Court of Human Rights 13 cases against Ukraine
(Adopted by the Committee of Ministers on 5 December 2019at 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 (see Appendix) 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 Annex I to the document DH-DD(2018)760 and DH-DD(2019)1151 ) ;
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 .
Appendix to Resolution CM/ ResDH ( 2019)370
Criminal proceedings
Application No.
Case
Judgment of
Final on
31585/02
BENYAMINSON
26/07/2007
26/10/2007
35534/10
PARYZKYY AND OTHERS
02/02/2017
02/02/2017
61404/08
KOVALENKO
08/12/2011
08/12/2011
Civil proceedings
Application No.
Case
Judgment of
Final on
15642/07
TKACHENKO AND OTHERS
16/02/2017
16/02/2017
22538/04
TERMOBETON
18/06/2009
18/09/2009
2293/09
VOLCHKOVA AND ZHELEZNOVA
02/03/2017
02/03/2017
27552/08
TSYGANKOV
10/05/2012
10/05/2012
30713/05
GEREGA
21/12/2010
21/12/2010
32514/12
MIKHNO
01/09/2016
30/01/2017
40427/08
GERZHIK
02/02/2012
02/02/2012
4469/07
SAVENKOVA
02/05/2013
02/05/2013
48956/06
KURS
04/05/2017
04/05/2017
9724/03
LITVINYUK
01/02/2007
09/07/2007