Resolution CM/ ResDH (2018)372 Execution of the judgments of the European Court of Human Rights Two cases against Ukraine

(Adopted by the Committee of Ministers on 3 October 2018 at the 1326 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

8865/06

LOBODA

17/11/2016

24/04/2017

11984/06

KUZMINA

16/06/2016

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 violation established on account of a breach of the principle of equality of arms since the applicants, unlike the public prosecutor, had not been able to participate in the preliminary hearings on the admissibility of the cassation appeal in their criminal cases (violation of Article 6, paragraph 1) ;

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 noted the information provided by the government indicating the individual measures adopted to give effect to the judgments, including the information regarding the payment of the just satisfaction, where applicable, awarded by the Court (see document DH-DD(2018)807 );

Considering that the question of individual measures was resolved, given that the applicants did not apply for the reopening of the impugned proceedings which it was open for them to do;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Zhuk group of cases and that the closure of these cases therefore in no way prejudges the Committee ’ s evaluation of the general measures required in this group;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.