Resolution CM/ ResDH (2019)205 Execution of the judgment of the European Court of Human Rights Romanov against 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

63993/00

ROMANOV

20/10/2005

20/01/2006

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 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;

Having examined the information provided by the government indicating the measures adopted in order 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)205

Information about the measures to comply with the judgment in the

Romanov against Russian Federation

Case summary

The case concerns the violation of the right to a fair trial on account of the domestic courts’ refusal in 2000 to allow the applicant to attend and participate in his criminal trial, on account of his mental condition (violation of Article 6, paragraphs 1 and 3 (c)). The Court found that there was no indication that the applicant’s mental condition precluded him from appearing at the trial and that his participation was particularly important in view of the divergence of two expert opinions on the measures necessitated by the applicant’s diagnosis.

The case also concerns the poor conditions of detention in the psychiatric ward of the remand centre (violation of Article 3) and the excessive length of his detention on remand (violation of Article 5, paragraph 3).

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

Romanov

No. 63993/00

-

5,000

EUR 628,

RUR 4,519.99,

UAH 620.36

EUR 5,628 RUR 4,519.99, UAH 620.36

14/04/2006

b) Other individual measures

The applicant’s conviction was quashed in 2003, and the criminal proceedings against him were discontinued. No further individual measures are required.

II. General measures

The 1960 Code of Criminal Procedure in force at the material time did not address the issue of participation of persons suffering from mental disorders. It was replaced in 2002 by a new Code. Chapter 51 of the new Code laid down procedural norms for the examination of a criminal case against a person who is charged with having committed a criminal offence in a state of insanity or who became mentally ill after having committed a criminal offence when he can no longer bear criminal responsibility and serve a sentence.

Originally, the new Code did not set any specific rules concerning the presence of a mentally ill person at trial and appeal hearings and did not require such presence. But on 20 November 2007 Article 437 of Chapter 51 of the new Code was declared unconstitutional by decision of the Constitutional Court No. 13-P in so far as it impeded the persons in question from taking part in the judicial proceedings in person. This provision was amended by Federal Law of 5 June 2007 No. 87-FZ and Federal Law of 29 November 2010 No. 323-FZ. The wording of that provision as it is now in force gives full procedural rights to a person in respect of whom the relevant proceedings are pending to participate in those proceedings, if his or her mental condition so permits. Opinions of the experts involved in the person’s forensic psychiatric examination and, where applicable, of the medical establishment treating the person are taken into account to decide this.

A summary of the judgment was disseminated among the courts and prosecutors’ offices, and within the penitentiary service.

The general measures required in response to the violations related to poor conditions of detention and to excessive length of detention on remand are examined respectively in the Kalashnikov and Klyakhin groups of cases.

The Russian authorities consider that the adopted general measures would suffice to prevent similar violations in future. Accordingly, no further general measures are necessary.

III. Conclusions of the respondent State

The government considers that no further individual measures are required in this case as the just satisfaction has been paid and the criminal conviction was quashed, 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.