Resolution CM/ResDH(2022)244

Execution of the judgments of the European Court of Human Rights

Two 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

4565/14+

KHIMCHAK AND BILYK

10/06/2021

10/06/2021

42237/15

SHOVKALYUK

10/06/2021

10/06/2021

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 delayed release from detention, lack of reasoning in detention orders 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;

Recalling that the question of general measures required in response to the main shortcomings found by the Court in these judgments continues to be examined within the framework of the Oshurko group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to delayed release from detention;

Noting that questions related to various other violation of Article 5 of the Convention, in particular, the lack of reasoning in detention orders and absence of speedy review, raised in these cases, are being examined by the Committee in the context of the supervision of in the Ignatov group of cases;

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.