Resolution CM/ResDH(2022)233

Execution of the judgments of the European Court of Human Rights

Seven cases against Ukraine

(Adopted by the Committee of Ministers on 22 September 2022 at the 1443 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

881/13

GOLOVANOV

15/04/2021

15/04/2021

16800/16

GRANKOV

11/02/2021

11/02/2021

27916/12

DOBRYN

29/04/2021

29/04/2021

8562/13

ILLYASHENKO

22/04/2021

22/04/2021

41763/19

KOSTYNA

11/03/2021

11/03/2021

16014/18+

MALYUK AND OTHERS

25/02/2021

25/02/2021

48021/13

STUZHUK

11/02/2021

11/02/2021

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 different violations established related to pre-trial detention, including on account of excessive length of pre-trial detention and absence of speedy review (violations of Article 5 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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)372 );

Considering that the question of individual measures was resolved given that the applicants are no longer held in detention on remand and that all required individual measures have also been taken in respect of the other violations found by the Court; noting in that respect that the 24/7 house arrest was replaced by arrest at night in the Kostyna case;

Recalling that the question of general measures required in response to the main shortcomings found by the Court in these cases continues to be examined within the framework of the Ignatov group of cases and that the closure of these cases 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 these cases and

DECIDES to close the examination of these cases.