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CASE OF BOROTYUK AGAINST UKRAINE AND 7 OTHER CASES

Doc ref: 33579/04;39582/04;16717/05;19157/06;12167/04;65032/09;17969/09;2308/06 • ECHR ID: 001-177646

Document date: September 21, 2017

  • Inbound citations: 54
  • Cited paragraphs: 0
  • Outbound citations: 0

CASE OF BOROTYUK AGAINST UKRAINE AND 7 OTHER CASES

Doc ref: 33579/04;39582/04;16717/05;19157/06;12167/04;65032/09;17969/09;2308/06 • ECHR ID: 001-177646

Document date: September 21, 2017

Cited paragraphs only

Resolution CM/ ResDH (2017)295 Execution of the judgments of the European Court of Human Rights Eight cases against Ukraine

(Adopted by the Committee of Ministers on 21 September 2017 at the 1294 th meeting of the Ministers’ Deputies)

Application

Case

Judgment of

Final on

33579/04

BOROTYUK

16/12/2010

16/03/2011

39582/04

BORTNIK

27/01/2011

27/04/2011

16717/05

TODOROV

12/01/2012

12/04/2012

19157/06

KHAYROV

15/11/2012

15/02/2013

12167/04

YEROKHINA

15/11/2012

15/02/2013

65032/09

A.V.

29/01/2015

29/04/2015

17969/09

TIKHONOV

10/12/2015

10/03/2016

2308/06

SARANCHOV

09/06/2016

09/09/2016

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 by the government indicating the measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)720 ) ;

Having noted further that none of the applicants in these cases has applied for re-opening of the impugned proceedings;

Having noted that, in respect of the general measures adopted, progress has been made, in particular through the adoption of the new 2012 Code of Criminal Procedure; and that the outstanding questions related to the impact of the general measures will remain under the supervision of the Committee in the context of the Balitskiy group of cases;

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.

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