Resolution CM/ ResDH (2017)84 Execution of the judgment of the European Court of Human Rights Slyusarev against Russian Federation

(Adopted by the Committee of Ministers on 10 March 2017 at the 1280 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

60333/00

SLYUSAREV

20/04/2010

20/07/2010

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 this case and to the violation 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 in order to give effect to the judgment and noting that no award of just satisfaction was made by the Court in the present case (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 this case and

DECIDES to close the examination thereof

Appendix to Resolution CM/ ResDH ( 2017)84

Information about the measures to comply with the judgment in the case of Slyusarev against Russian Federation

Introductory case summary

This case concerns the degrading treatment suffered by the applicant while in detention on account of the deprivation of his glasses between July and December 1998 (violation of Article 3).

I. Payment of just satisfaction and other individual measures

a) Details of just satisfaction

The Court made no award of just satisfaction in this case as the applicant did not submit any claim in this respect.

b) Other individual measures

On 25 November 1998 the applicant underwent a medical examination at an eye clinic and on 2 December 1998 the investigator returned the glasses to the applicant. In January 1999, the investigator provided the applicant with new glasses instead of his old ones (see §§ 18-24 of the judgment);

In these circumstances, the Russian authorities consider that no other individual measure is required.

II. General measures

The violation in this case occurred as a result of an isolated incident of malpractice. Depriving the applicant of his glasses violated the domestic law which includes glasses in the list of items of primary necessity allowed to be kept in detention. This will be prevented by the publication and dissemination of the judgment.

The judgment was published and widely disseminated.

The Russian authorities consider that no further general measures are required.

III. Conclusions of the respondent State

The government considers that, in this case, no individual measure is required, 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.