Resolution CM/ResDH(2022)132

Execution of the judgments of the European Court of Human Rights

Two cases against the Russian Federation [1]

(Adopted by the Committee of Ministers on 10 June 2022 at the 1436 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

8921/05

IGOR KABANOV

03/02/2011

20/06/2011

27863/12+

SHKITSKIY AND VODORATSKAYA

16/10/2018

16/10/2018

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 on account of disproportionately severe sanctions (disbarment) of the advocates for offensive remarks in respect of members of the judiciary (violations of Article 10);

Recalling also 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 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)228 );

Recalling that the issues concerning recusal of judges (violations of Article 6) continue to be examined in the Filyutkin group of cases (notably in the case of Vaneyev ), that the issues concerning internal independence of judges (other violations of Article 6) continue to be examined in the Khrykin and Moiseyev groups of cases, and that the closure of the present cases therefore in no way prejudges the Committee’s evaluation of the general measures required in respect of these issues;

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.

[1] The Russian Federation ceases to be a member of the Council of Europe as from 16 March 2022. The Committee of Ministers will continue to supervise the execution of the judgments and friendly settlements concerned and the Russian Federation is required to implement them ( CM/Res(2022)2 and CM/Res(2022)3 ).