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CASE OF DVOYNYKH AGAINST UKRAINE AND 23 OTHER CASES

Doc ref: 72277/01, 23136/04, 25209/06, 65550/01, 28969/04, 32362/02, 63763/11, 37538/05, 9607/06, 43707/07, 3... • ECHR ID: 001-181976

Document date: March 15, 2018

  • Inbound citations: 608
  • Cited paragraphs: 3
  • Outbound citations: 0

CASE OF DVOYNYKH AGAINST UKRAINE AND 23 OTHER CASES

Doc ref: 72277/01, 23136/04, 25209/06, 65550/01, 28969/04, 32362/02, 63763/11, 37538/05, 9607/06, 43707/07, 3... • ECHR ID: 001-181976

Document date: March 15, 2018

Cited paragraphs only

Resolution CM/ ResDH (2018)110 Execution of the judgments of the European Court of Human Rights 24 cases against Ukraine

(Adopted by the Committee of Ministers on 15 March 2018 at the 1310 th meeting of the Ministers’ Deputies)

Application

Case

Judgment of

Final on

NEVMERZHITSKY GROUP

72277/01

DVOYNYKH

12/10/2006

12/02/2007

23136/04

IZZETOV

15/09/2011

15/12/2011

25209/06

GORBATENKO

28/11/2013

28/02/2014

65550/01

KOVAL

19/10/2006

12/02/2007

28969/04

SAMOYLOVICH

16/05/2013

16/08/2013

32362/02

VISLOGUZOV

20/05/2010

20/08/2010

63763/11

ZINCHENKO

13/03/2014

13/06/2014

37538/05

ZNAYKIN

07/10/2010

07/01/2011

YAKOVENKO GROUP

9607/06

BARILO

16/05/2013

16/08/2013

43707/07

KOKTYSH

10/12/2009

10/03/2010

36433/05

MUSTAFAYEV

13/10/2011

13/01/2012

35581/06

POKHLEBIN

20/05/2010

20/08/2010

19213/04

TSYGONIY

24/11/2011

24/02/2012

30634/05

VENIOSOV

15/12/2011

15/03/2012

LOGVINENKO GROUP

5203/09

KONDRATYEV

15/12/2011

15/03/2012

42184/09

KUSHNIR

11/12/2014

11/03/2015

9414/13

SOKIL

22/10/2014

22/01/2016

29070/15

PIVOVARNIK

06/10/2016

06/01/2017

ISAYEV GROUP

75522/01

MIKHANIV

06/11/2008

6/04/2009

30628/02

UKHAN

18/12/2008

18/03/2009

49218/10

YERMOLENKO

15/11/2012

15/02/2013

30579/10

TEMCHENKO

16/07/2015

16/10/2015

53865/11

KUSHCH

03/12/2015

03/03/2016

MELNIK GROUP

16995/05

GUK

08/12/2016

08/12/2016

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, mainly on account of poor conditions of detention and inadequate access to medical care in police holding facilities, pre-trial detention centres and penitentiary establishments, and the lack of effective remedies in both respects (violations of Articles 3 and 13 of the Convention);

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 individual measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2017)410 and DH-DD(2018)32 );

Considering that the question of individual measures has therefore been resolved in these cases, given that the applicants have been released and that all required individual measures have also been taken in respect of the other violations found by the Court;

Recalling that the question of general measures required in response to all the shortcomings found by the Court in these judgments continues to be examined within the framework of the Nevmerzhitsky groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to poor conditions of detention and inadequate access to medical care in police holding facilities, pre-trial detention centres and penitentiary establishments and the lack of effective remedies as well as the other issues in these 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 of these cases.

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