Resolution CM/ ResDH (2017)85 Execution of the judgments of the European Court of Human Rights Two cases 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

31004/02

SUN

05/02/2009

14/09/2009

23202/05

ADZHIGOVICH

08/10/2009

08/01/2010

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 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 provided 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 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 these cases and

DECIDES to close the examination thereof.

Appendix to Resolution CM/ ResDH ( 2017)85

Information about the measures to comply with the judgment in the Sun group of cases against Russian Federation

Introductory case summary

These two cases concern the interference with the applicants’ right to the peaceful enjoyment of their possessions despite the absence of the necessary legal basis, due to the confiscatory measures taken against them at the customs in 2001 and 2004, respectively (violations of Article 1 of Protocol No. 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Case and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Sun (No. 31004/02)

-

-

-

-

Adzhigovich (No. 23202/05)

10,240 EUR

1,000 EUR

1,500 EUR

12,740 EUR

Paid on 24/03/2010

b) Individual measures

In the Adzhigovich case, the European Court awarded just satisfaction in respect of pecuniary damage, covering the entire sum confiscated from the applicant (see § 39). No other individual measure is therefore necessary in this case.

In the Sun case, the European Court did not award any just satisfaction, as the applicant did not submit any such claim. The Court observed, however, that it was open to the applicant to request a reopening at the domestic level following its judgment (see § 36). It does not appear that the applicant made use of this possibility. In this situation, no individual measure appears required.

II. General measures

The general measures in response to the Court’s findings in these cases, namely the introduction of a sufficiently clear legal basis for this kind of confiscation, were adopted in the context of the execution of the European Court’s judgment in the Baklanov case, closed by Final Resolution CM/ ResDH (2011)301 in December 2011.

The present two judgments have been published and disseminated.

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

III. Conclusions of the respondent State

The government considers that no individual measures are required, apart from the payment of the just satisfaction as applicable, that the general measures adopted in the context of the Baklanov case will prevent similar violations and that the Russian Federation has thus complied with its obligations under Article 46, paragraph 1, of the Convention in the present cases.