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CASE OF ALIYEV AGAINST RUSSIA AND 11 OTHER CASES

Doc ref: 35242/07, 29464/03, 32036/10, 2763/13, 46404/13, 1902/16, 12646/15, 22625/02, 35648/04, 17512/08, 11... • ECHR ID: 001-214819

Document date: December 2, 2021

  • Inbound citations: 178
  • Cited paragraphs: 0
  • Outbound citations: 0

CASE OF ALIYEV AGAINST RUSSIA AND 11 OTHER CASES

Doc ref: 35242/07, 29464/03, 32036/10, 2763/13, 46404/13, 1902/16, 12646/15, 22625/02, 35648/04, 17512/08, 11... • ECHR ID: 001-214819

Document date: December 2, 2021

Cited paragraphs only

Resolution CM/ResDH(2021)333

Execution of the judgments of the European Court of Human Rights

12 cases against Russian Federation (Kalashnikov group)

(Adopted by the Committee of Ministers on 2 December 2021

at the 1419 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

35242/07

ALIYEV

10/04/2018

10/04/2018

29464/03

AREFYEV

04/11/2010

04/02/2011

32036/10

BUTKO

12/11/2015

12/02/2016

2763/13

KHAYLETDINOV

12/01/2016

06/06/2016

46404/13

KHLOYEV

05/02/2015

05/05/2015

1902/16+

LYSENKOV AND OTHERS

06/07/2017

06/07/2017

12646/15

MAYLENSKIY

04/10/2016

30/01/2017

22625/02

MIRONOV

08/11/2007

08/02/2008

35648/04

MITROKHIN

24/01/2012

24/04/2012

17512/08

SAMOYLOV

03/07/2018

03/07/2018

11788/16

SEMENOVA

03/10/2017

03/10/2017

31242/05

VLADIMIR SOKOLOV

29/03/2011

29/06/2011

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 poor conditions of detention in the detention facilities under the authority of the Ministry of Justice, the lack of adequate medical care and the lack of an effective domestic remedy in both respects (violations of Articles 3 and 13);

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 information provided by the government in respect of the individual measures including as regards the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures has been resolved, given that the applicants have been released, and that all necessary individual measures have also been taken in respect of the other violations found by the Court;

Recalling that the question of the general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Kalashnikov group (Application No. 47095/99) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to poor conditions of detention and the lack of effective domestic remedies;

Recalling also that the general measures required in response to the other violations found in some of these cases are or were examined by the Committee in the cases or groups of Klyakhin , Kamaliyevy , Dedovskiy and Others ;

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

DECIDES to close the examination of these cases.

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