Resolution CM/ResDH(2008) 17 [1]

Execution of the judgments of the European Court of Human Rights

Dubinskaya against the Russian Federation

Groshev against the Russian Federation

P opova against the Russian Federation

Sukhorubchenko against the Russian Federation

Yakovlev against the Russian Federation

(Applications Nos. 4856/03, 69889/01, 23697/02, 69315/01 and 72701/01,

judgments of 13 July 2006, 20 October 2005, 21 December 2006, 10 February 2005 and 15 March 2005, final on 13 October 2006, 20 January 2006, 21 March 2007, 10 May 2005 and 6 July 2005)

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, 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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violationS of the Convention found by the Court in these cases concern the applicants ' right of access to a court or to a fair trial due to the belated notifications of summons (violations of Article 6§1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with the Russian Federation ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee ' s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid, where appropriate, the a p plicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing, similar violations;

Having noted that certain similar problems relating to a fair trial have been highlighted in more recent judgments of the Court (see in particular Gorbachev against the Russian Federation, judgment of 15 February 2007, P rokopenko against the Russian Federation, judgment of 3 May 2007, Dunayev against the Russian Federation, judgment of 24 May 2007 and Larin and Larina against the Russian Federation, judgment of 07 June 2007), and are being addressed by the Russian authorities under the Committee ' s supervision in the context of the execution by the Russian Federation of those judgments;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ResDH(2008)17

Information about the measures taken to comply with the judgments in the cases of

Dubinskaya against the Russian Federation

Groshev against the Russian Federation

P opova against the Russian Federation

Sukhorubchenko against the Russian Federation

Yakovlev against the Russian Federation

Introductory case summary

The Sukhorubchenko, Dubinskaya and P opova cases concern violations of the applicants ' right of access to a court due to the discontinuation of proceedings on the ground of the applicants ' repeated failure to appear, without considering whether summonses had been sent to them or reached them in time (Article 221 of the RSFSR Code of Civil P rocedure).

The European Court further noted that the decisions discontinuing proceedings were not sent to the applicants within the time-limit provided by law (Article 213 of the RSFSR Code of Civil P rocedure), if at all, and that their further attempts to obtain any information on the status of their claims proved to be futile.

The Groshev and Yakovlev cases concern violations of the applicants ' right to a fair trial due to belated notification of hearings in breach of domestic law, depriving them of the possibility to attend. The European Court also noted that the domestic courts had failed to examine whether the applicants had been duly summonsed and, if they had not, to adjourn examination of their cases.

I. P ayments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Dubinskaya (4856/03)

5 000 EUR

3 000 EUR

P aid on 19/12/2006

Sukhorubchenko (69315/01)

1 500 EUR

1 500 EUR

P aid on 14/07/2005

Yakovlev

(72701/01)

1 000 EUR

1 000 EUR

P aid on 27/09/2005

b) Individual measures

The European court awarded just satisfaction in respect of the damage sustained by the applicants and stemming from the violations found except in the P opova and Groshev cases in which no claim for just satisfaction was made.

The Russian authorities indicated that following the European Court ' s judgments delivered in their cases, the applicants had a possibility to apply for a re-trial on the basis of newly discovered circumstances. No such applications have been lodged by the applicants.

II. General measures

On 7/06/2005, the Deputy to the P resident of the Supreme Court issued a circular letter to all P residents of Regional Courts drawing their attention to the European Court ' s judgments in the Sukhorubchenko and Groshev cases and inviting them to take measures to prevent new, similar violations. The Dubinskaya judgment was sent out by a letter of the Deputy to the P resident of the Supreme Court of the Russian Federation to all courts on 12/03/2007.

The Yakovlev judgment was published in the Bulletin of the European Court (Russian version) in 2005, No. 10 and the Dubinskaya judgment in 2007, No. 2.

III. Conclusions of the respondent state

The government considers that the measures taken have fully remedied the consequences of the violations of the Convention found by the European Court , that these measures will prevent new, similar violations and that the Russian Federation has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 27 March 2008 at the 1020th meeting of the Ministers’ Deputies