Interim Resolution CM/ ResDH ( 2014)275 Execution of the judgment of the European Court of Human Rights Oleksandr Volkov against Ukraine

Application

Case

Judgment of

Final on

21722/11

OLEKSANDR VOLKOV

09/01/2013

27/05/2013

( adopted by the Committee of Ministers on 4 December 2014

at the 1214th meeting of the Ministers ’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter “the Convention”),

Recalling that the violations established in the present case stem from the applicant ’ s dismissal as a judge of the Supreme Court in violation of the fundamental principles of procedural fairness enshrined in Article 6 of the Convention and in a manner incompatible with the requirements of lawfulness under Article 8 of the Convention;

Recalling also the urgency of adopting individual measures and that the Court held in its judgment that Ukraine should secure the applicant ’ s reinstatement in the post of judge of the Supreme Court at the earliest possible date;

Expressing grave concern that despite the efforts deployed by the Ukrainian authorities to ensure, by way of a parliamentary resolution, the applicant ’ s reinstatement as required by the Convention, such a resolution has still not been adopted;

Recalling in this context that the Committee of Ministers has called upon the Ukrainian authorities also to explore all reinstatement options available , other than the p arliament ary options, and that this call has not yielded any results;

Faced with this situation, u nderlining the obligation of every State, under the terms of Article 46, paragraph 1, of the Convention to abide by the final judgments of the European Court in any case to which they are a party,

CALLS UPON the Ukrainian authorities to take without any further delay all necessary measures to secure the applicant ’ s reinstatement as a judge of the Supreme Court.