Resolution CM/ResDH(2022)240

Execution of the judgments of the European Court of Human Rights

Three 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

12343/10

DZHAKSYBERGENOV

10/02/2011

20/06/2011

14613/03

NIKIFORENKO

18/02/2010

18/05/2010

7193/02

POKHALCHUK

07/10/2010

11/04/2011

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 mainly on account of the unjustified restriction to the right to liberty of movement in connection with the applicants’ obligation not to abscond in the framework of criminal proceedings against them (violations of Article 2 of Protocol No. 4);

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 report provided by the government indicating the individual 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 document DH-DD(2021)877 );

Considering that the question of individual measures was resolved, given that the preventive measure (the imposed undertaking not to abscond) was lifted for all applicants, the criminal and civil proceedings were terminated in Nikiforenko case, the criminal investigation was terminated in the Pokhalchuk case, and the temporary ban to leave Ukraine was lifted in 2012 in the Dzhaksybergenov case;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Ivanov case 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.