Resolution CM/ ResDH (2019)240 Execution of the judgments of the European Court of Human Rights Two cases against Russian Federation

(Adopted by the Committee of Ministers on 25 September 2019 at the 1355 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

11157/04

ANCHUGOV AND GLADKOV

04/07/2013

09/12/2013

54446/07

ISAKOV AND OTHERS

04/07/2017

04/07/2017

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;

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;

Recalling that, in the present judgments, the Court found that the blanket ban on voting rights imposed automatically pursuant to Article 32, paragraph 3, of the Constitution on all convicted offenders deprived of their liberty in a detention facility was incompatible with Article 3 of Protocol No. 1 to the Convention;

Having examined the action report provided by the government indicating the measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-D D(2019)740 );

Recalling the wide margin of appreciation in this area, noted the legislative reform introducing community work, a criminal punishment under which prisoners are placed in correctional centres and thus deprived of their liberty in Convention terms but retain the right to vote;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.