Resolution CM/ ResDH (2018)419 Execution of the judgments of the European Court of Human Rights Two cases against Russian Federation

(Adopted by the Committee of Ministers on 14 November 2018 at the 1329 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

32147/04

KUIMOV

08/01/2009

08/04/2009

16899/13

KOCHEROV AND SERGEYEVA

29/03/2016

12/09/2016

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;

Having examined the information 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 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 these cases and

DECIDES to close the examination thereof.

Appendix to Resolution CM/ ResDH ( 2018)419

Information about the measures to comply with the judgments in the Kuimov group of cases against Russian Federation

Case summaries

Both cases concern the violation of the applicants ’ right to respect for family life (Article 8). In particular, the Kuimov case concerns the Kirov authorities ’ failure to justify severe restrictions, between December 2003 and January 2005, on access to the applicant ’ s adoptive child during and after her urgent medical treatment The Kocherov and Sergeyeva case concerns a St Petersburg court ’ s failure to duly substantiate its decision that the applicant, Mr Kocherov , who has a mild mental disability and used to be a resident of a “Neuropsychological Care Home”, could not take care of his child in 2012-2013.

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

Kuimov

(No. 32147/04 )

-

EUR 5,000

EUR 5,000

EUR 10,000

26/08/2009

Kocherov and Sergeyeva (No. 16899/13 )

-

EUR 7,500

EUR 8,000

EUR 12,500

28/10/2016

b) Other individual measures

As to the Kuimov case, on 2 November 2005, the child was returned to her parents (§ 87 of the judgment). As to the Kocherov and Sergeyeva case, the first applicant was allowed to have custody over the second applicant in 2013, and they have been living together since (§ 54 of the judgment). Accordingly, no other individual measures are necessary.

II. General measures

The judgment in the Kuimov case was published and widely disseminated among the relevant authorities, in particular the Supreme Court, the Prosecutor General ‘ s Office, the Kirov Regional Court, the Federal Service of Bailiffs and the Kirov local authorities. On 3 August 2009 the Deputy President of the Supreme Court forwarded this judgment to all regional courts. The Prosecutor General summarised the judgment in his letter of 26 August 2009 which he sent to the regional and specialised prosecutors for use in practice. On 6 August 2009, the Head of the Federal Bailiff ’ s Service instructed bailiffs throughout the Russian Federation to study the judgment and comply with the Russian legislation and the European Court ’ s requirements in the relevant field. On 19 August 2009 the Head of the municipality of Kirov submitted information that a number of awareness-raising activities had been planned to study the judgment and to comply with the European Court ’ s requirements in future.

The judgment in the Kocherov and Sergeyeva case was also disseminated among the relevant authorities, in particular the Supreme Court, the Saint-Petersburg City Court, the Prosecutor General ’ s Office and the Ministry of Healthcare.

The Russian authorities consider the present cases to be a rare occurrence. Therefore, the wide dissemination to all authorities directly concerned should suffice to prevent similar violations. Accordingly, no further general measures are necessary.

III. Conclusions of the respondent State

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