Resolution CM/ ResDH (2018)319 Execution of the judgments of the European Court of Human Rights 10 cases against Ukraine

(Adopted by the Committee of Ministers on 5 September 2018 at the 1322 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

11673/10

GOLIMBIYEVSKIY

20/07/2017

20/07/2017

19177/09

KOSTEYCHUK

16/02/2017

16/02/2017

21262/06

LIVADA

26/06/2014

26/06/2014

25032/11

GUDZ

22/10/2015

22/10/2015

37789/05

PLESHKOV

10/02/2011

10/05/2011

41385/06+

SHUST AND SIDORENKO

23/03/2017

23/03/2017

49900/11

PANKRATYEV

11/12/2014

11/12/2014

52819/08

SEMENENKO

20/10/2016

20/10/2016

5462/10

RUSYN

20/10/2016

20/10/2016

70840/10

STASZUK

05/10/2017

05/10/2017

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 mainly on account of the unlawfulness and excessive length of detention on remand as well as the lack of judicial review compatible with the standards laid down in the Court’s case-law and of an enforceable right to compensation (violations of Articles 5, paragraphs 1, 3, 4 and 5);

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 Annex II to the document DH-DD(2018)374 ) ;

Considering that the question of individual measures has been resolved in these cases, given that the applicants are no longer in detention on remand and that all required individual measures have also been taken in respect of the other violations found by the Court; noting in that respect that the criminal proceedings have been concluded or the period of criminal proceedings to be taken into account ended in the cases of Golimbiyevskiy , Kosteychuk , Shust and Sidorenko and Pleshkov ;

Recalling that the Committee will continue to supervise the general measures and the outstanding questions related to the application of detention on remand under the 2012 Code of Criminal Procedure in the context of the Ignatov group of cases;

Noting that questions related to excessive length of criminal proceedings, raised by the Golimbiyevskiy , Kosteychuk , Shust and Sidorenko and Pleshkov cases, are being examined by the Committee in the context of the supervision of the Merit group of cases;

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 thereof .