Resolution CM/ResDH(2022)286

Execution of the judgment of the European Court of Human Rights

I.N. against Ukraine

(Adopted by the Committee of Ministers on 19 October 2022 at the 1446 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

28472/08

I.N.

23/06/2016

23/09/2016

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 judgment transmitted by the Court to the Committee in this case and to the violations established on account of the applicant’s committal to a psychiatric facility and his confinement there, the absence of an enforceable right to compensation for unlawful deprivation of liberty and the excessive length of the related proceedings (violations of Article 5, paragraphs 1 and 5, and Article 6 of the Convention);

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 action plan provided by the government, indicating the individual measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)911 );

Considering that the question of individual measures was resolved given that the applicant has been discharged from the psychiatric facility, the proceedings have been terminated and, as a result of the reopening of the proceedings following the Court’s judgment, the Supreme Court has partly changed the decisions of lower courts, aligning them with the findings of the Court;

Recalling that the question of general measures required in response to the shortcomings found by the Court in this case continues to be examined within the framework of the M. group of cases (Application No. 2452/04) as well as the Merit and Svetlana Naumenko group of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;

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.