Resolution CM/ ResDH (2019)204 Execution of the judgment of the European Court of Human Rights Dunayev against the Russian Federation

(Adopted by the Committee of Ministers on 4 September 2019 at the 1352 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

70142/01

DUNAYEV

24/08/2007

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 judgment 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 information provided by the government indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see Appendix);

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 and

DECIDES to close the examination thereof.

Appendix to Resolution CM/ ResDH ( 2019)204

Information about the measures to comply with the judgment in the case

Dunayev against Russian Federation

Case summary

This case concerns the violation of the applicant’s right of access to a court on account of the Moscow City Court’s refusal, in 2001, to accept his written appeal submissions for examination in civil proceedings without giving any plausible reason or issuing any formal decision to that effect (violation of Article 6, paragraph 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Paid on

Dunayev

no. 70142/01

-

2,000

RUR 1,570.54

EUR 2,000

RUR 1,570.54

28/09/2007

b) Other individual measures

The applicant’s request for supervisory review of the appeal decision at the origin of the violation found was refused as lodged out of time, as was his request to restore the time-limit. The applicant did not avail himself of the possibility to request a review of his case on account of newly discovered circumstances within three months of the date when the European Court’s judgment became final. No further individual measures appear to be required.

II. General measures

The judgment was published, and its summary in Russian was disseminated among the courts, the prosecutors and other institutions. Since this case concerned a single incident of judicial malpractice, these general measures will be sufficient to prevent future violations and no other general measures are thus required.

III. Conclusions of the respondent State

The government considers that no individual measure is required in this case, apart from the payment of the just satisfaction, and that the general measures adopted will prevent similar violations. The Russian Federation has therefore complied with its obligations under Article 46, paragraph 1, of the Convention.