Resolution CM/ResDH(2022)137

Execution of the judgments of the European Court of Human Rights

Two cases against Ukraine

(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

42488/02

DZEMYUK

04/09/2014

04/12/2014

6948/07

TONYUK

01/06/2017

01/09/2017

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 the lengthy non-enforcement of domestic judgments proscribing the use of land plots for burials in the cemeteries located next to the applicants’ houses contrary to environmental and sanitary regulations (violations of Article 6, paragraph 1); and on account of the interference with the applicant’s right to respect for his home and private and family life due to the siting and the use of a cemetery in the vicinity of his house (violation of Article 8) in the Dzemyuk case;

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 plans 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 documents DH-DD(2020)288 and DH-DD(2021)1005 );

Considering that the question of individual measures was resolved given that the burials at the cemeteries near the applicants’ houses stopped in 2018 and 2019 respectively and the cemeteries have been closed; noting additionally that the authorities have launched numerous attempts to discuss with the applicant in the Dzemyuk case the possibility of resettlement, the purchase of an alternative land plot or construction of housing but he has refused all such offers; noting further that, at this request, his home is now connected to a newly constructed village water supply system providing him drinking water, and that a fence blocking the cemetery from the view of the applicant’s house was constructed;

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 Dubetska and Others case, and that structural problem of non-enforcement or delayed enforcement of domestic judicial decisions against the State continues to be examined within the framework of the Yuriy Nikolayevich Ivanov and Burmych group, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.