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CASE OF NEVMERZHITSKY AGAINST UKRAINE AND 33 OTHER CASES

Doc ref: 54825/00, 63727/11, 16984/04, 52652/07, 3299/05, 38771/05, 7193/04, 24710/06, 18041/08, 9450/06, 477... • ECHR ID: 001-188700

Document date: December 6, 2018

  • Inbound citations: 262
  • Cited paragraphs: 2
  • Outbound citations: 0

CASE OF NEVMERZHITSKY AGAINST UKRAINE AND 33 OTHER CASES

Doc ref: 54825/00, 63727/11, 16984/04, 52652/07, 3299/05, 38771/05, 7193/04, 24710/06, 18041/08, 9450/06, 477... • ECHR ID: 001-188700

Document date: December 6, 2018

Cited paragraphs only

Interim Resolution CM/ ResDH (2018)472 Execution of the judgments of the European Court of Human Rights Nevmerzhitsky , Yakovenko, Logninenko , Isayev and Melnik groups against Ukraine

(Adopted by the Committee of Ministers on 6 December 2018 at the 1331 st 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 (hereinafter “the Convention”);

Having regard to the judgments of the European Court of Human Rights (“the Court”) in the Nevmerzhitsky , Yakovenko, Logvinenko , Isayev and Melnik groups of cases against Ukraine (see list in appendix) transmitted to the Committee for supervision of their execution under Article 46 of the Convention;

Recalling that the problems revealed by the present cases, notably the inhuman and/or degrading treatment suffered by the applicants because of overcrowding, poor material conditions of detention and insufficient medical care in detention and the lack of an effective remedy in respect thereof, for which the Court found violations of Articles 3 and 13 of the Convention, have been pending before the Committee since 2005;

Underlining that, given the structural nature of the problems arising from the judgments of these groups, and the many years that have elapsed since the issues first came to the attention of the Committee, it is of paramount importance that the authorities now take concrete and decisive steps to address all these deficiencies ;

Noting with interest the adoption of the Passport for Reform, a strategy paper in which the authorities seem to have identified the main obstacles to the improvement of conditions of detention in Ukraine;

Recalling that in previous decisions the Committee has repeatedly called upon the authorities to take decisive action to establish, in law and in practice, preventive and compensatory remedies in line with the European Court’s case-law;

Noting that some steps have been taken to initiate reflection on the adoption of such remedies by the establishment of a working group but that no concrete progress in this respect has so far been reported;

STRESSED the seriousness of the implications based on the nature of the findings in the present judgments relating to the absolute prohibition of torture and ill-treatment in Article 3 of the Convention;

UNDERLINED the urgent need for the authorities to follow up on their Passport for Reform and continue to work on the adoption of a comprehensive long-term strategy capable of leading to the resolution of these problems of a structural nature, with clear and binding timelines for the adoption of the relevant measures and the provision of the necessary human and financial resources;

RECALLED that the lack of concrete steps to establish effective domestic remedies for allegations of ill-treatment on account of overcrowding, poor material conditions of detention and insufficient medical care in detention undermines the credibility of the authorities’ commitment to resolve these long-standing issues ;

NOTED that, in view of the increasing number of applications brought before the European Court, this lack of progress also puts an additional undue burden on the Convention system;

NOTED that, in order for such remedies to be effective in practice, there should at the same time be an overall improvement of material conditions and medical care in detention;

CALLED UPON the authorities to act on their commitment to resolve the problems linked to conditions of detention and, therefore, to establish, as a matter of priority, effective domestic remedies for allegations of ill-treatment on account of overcrowding, poor material conditions and insufficient medical care in detention.

Appendix

List of cases

Application

Case

Judgment of

Final on

NEVMERZHITSKY GROUP

54825/00

NEVMERZHITSKY

05/04/2005

12/10/2005

63727/11

ANDREY YAKOVENKO

13/03/2014

13/06/2014

16984/04+

BELYAEV AND DIGTYAR

16/02/2012

16/05/2012

52652/07

GAVULA

16/05/2013

07/10/2013

3299/05

USTYANTSEV

12/01/2012

12/04/2012

38771/05

RODZEVILLO

14/01/2016

14/04/2016

7193/04

ZAKSHEVSKIY

17/03/2016

17/06/2016

24710/06

YAROVENKO

06/10/2016

06/10/2016

18041/08

TRUTEN

23/06/2016

23/09/2016

9450/06

SOSNOVSKIY

08/12/2016

08/12/2016

4772/06

KOMAROV

19/01/2017

19/01/2017

3001/06+

MALCHENKO AND OTHERS

06/04/2017

06/04/2017

9207/09+

BILOZOR AND OTHERS

20/07/2017

20/07/2017

24107/13

D.S.

09/11/2017

09/11/2017

24392/06

URZHANOV

14/12/2017

14/12/2017

44807/10+

STARENKIY AND RUDOY

11/01/2018

11/01/2018

68183/10+

YEREMENKO AND KOCHETOV

14/06/2018

14/06/2018

45811/16

MAYSTRENKO

28/06/2018

28/06/2018

YAKOVENKO GROUP

15825/06

YAKOVENKO

25/10/2007

25/01/2008

31720/02

TITARENKO

20/09/2012

20/12/2012

45947/06

KOBERNIK

25/07/2013

25/10/2013

LOGVINENKO GROUP

13448/07

LOGVINENKO

14/10/2010

14/01/2011

43374/02

PETUKHOV

21/10/2010

21/01/2011

4725/13

LUNEV

22/10/2014

22/01/2016

5212/13

SAVINOV

22/10/2014

22/01/2016

40512/13

SERGEY ANTONOV

22/10/2014

22/01/2016

37240/07

KIYASHKO

23/02/2017

23/02/2017

ISAYEV GROUP

28827/02

ISAYEV

28/05/2009

28/08/2009

56660/12

KORNEYKOVA AND KORNEYKOV

24/03/2016

24/06/2016

31928/15

KONOVALCHUK

13/10/2016

13/01/2017

MELNIK GROUP

72286/01

MELNIK

28/03/2006

28/06/2006

69250/11

ALEKSANDR VLADIMIROVICH SMIRNOV

13/03/2014

13/06/2014

32392/07

LADA

06/02/2018

06/02/2018

11773/08

TKACHEV

19/04/2018

19/04/2018

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