Resolution CM/ ResDH (2019)243 Execution of the judgments of the European Court of Human Rights

Sovtransavto Holding against Ukraine

(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

48553/99

SOVTRANSAVTO HOLDING

25/07/2002

02/10/2003

06/11/2002

24/03/2004

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 this case and to the violation 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;

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-DD(2019)880 );

Recalling that , as regards the general measures in response to the violation of Article 6 , the procedure for supervisory review ( protest ), which was one of the main structural problems at the basis of the violations found, was abolished prior to the Court’s judgment through a comprehensive judicial reform of 21 June 2001, previously welcomed by the Committee (see Interim Resolution ResDH (2004)14 adopted by the Committee on 11 February 2004);

Recalling also that the Committee will continue to examine outstanding issues related to independence of the judiciary within the framework of the Oleksandr Volkov group; that the issues pertaining to violations of Article 1 of Protocol No. 1 will continue to be examined within the framework of the Ukraine-Tyumen group (application No. 22603/02 ) and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the remaining general measures;

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 this case as regards the individual measures and

DECIDES to close the examination thereof.