Interim Resolution CM/ResDH(2021)430

Execution of the judgments of the European Court of Human Rights

Sukachov, Nevmerzhitsky group, Yakovenko group and Melnik group v. Ukraine

(Adopted by the Committee of Ministers on 2 December 2021

at the 1419 th meeting of the Ministers' Deputies)

Application

Case

Judgment of

Final on

14057/17

SUKACHOV

30/01/2020

30/05/2020

54825/00

NEVMERZHITSKY

(List of cases CM/Notes/1419/H46-43-app )

05/04/2005

12/10/2005

15825/06

YAKOVENKO

25/10/2007

25/01/2008

28253/11

TYMCHENKO

27/05/2021

27/05/2021

72286/01

MELNIK

28/03/2006

28/06/2006

11773/08

TKACHEV

19/04/2018

19/04/2018

19585/18

SYENIN

21/02/2019

21/02/2019

34697/04

DOLGIKH

11/07/2019

11/07/2019

19591/18

PETROV AND KOROSTYLYOV

11/07/2019

11/07/2019

6128/12

RODZEVILLO

17/12/2019

17/12/2019

34745/19+

PARAMUSHCHAK AND SHPAKOVSKYY

10/12/2020

10/12/2020

59753/19+

VYSOTSKYY AND OTHERS

25/02/2021

25/02/2021

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”);

Recalling that the structural problems revealed by these cases, notably overcrowding and poor material conditions of detention and the lack of effective remedies thereof, have been pending before the Committee since 2005, and that the Court has since adopted 110 judgments revealing various aspects of these problems;

Recalling further that the Committee has, in its interim resolution of 2018, called upon the authorities to act on their commitment to resolve the problems linked to conditions of detention and, therefore, establish, as a matter of priority, effective domestic remedies for allegations of ill-treatment on account of overcrowding, poor material conditions and insufficient medical care in detention;

Having regard to the pilot judgment of the Court in the case of Sukachov v. Ukraine , final on 30 May 2020, indicating that the respondent State must take measures aimed at reducing overcrowding and improving material conditions of detention, and introduce preventive and compensatory remedies by 30 November 2021;

Noting that certain steps have been taken by the Ukrainian authorities to improve conditions of detention and a reflection process was initiated on the adoption of domestic remedies for inadequate conditions of detention, however they are insufficient to disclose concrete progress in these areas;

RECALLING that the structural problems of overcrowding, inhuman and/or degrading conditions of detention and transportation and nutrition, and absence of a Convention-compliant system of domestic remedies thereof, have been pending before the Committee since 2005, without major progress reported so far;

NOTING that these deficiencies have serious humanitarian implications for those still in detention and put an additional undue burden on the Convention system, resulting in repetitive applications lodged with the Court on recurring problems of overcrowding and material conditions of detention, disclosing a widespread structural problem resulting from a malfunctioning of the Ukrainian penal system and insufficient safeguards against treatment proscribed by Article 3;

REITERATING that the obligation to abide by the judgments of the Court under Article 46 of the Convention and the principle of subsidiarity which are enshrined therein, entailed the obligation for the state, in context of the present cases, to find appropriate means to resolve the problem of inadequate conditions of detention and lack of effective domestic remedies thereof;

HAVING REGARD to the Court’s further indications under Article 46 in the pilot judgment in the case of Sukachov , that the Ukrainian authorities must take measures aimed at reducing overcrowding and improving material conditions of pre-trial detention and introduce preventive and compensatory remedies by 30 November 2021;

EXPRESSED DEEP REGRET about the lack of concrete progress in the implementation of the pilot judgment within the deadline set by the Court to this end;

RECALLING the absolute nature of the prohibition of torture or inhuman or degrading treatment or punishment, enshrined in Article 3 of the Convention and the Court’s case-law;

STRONGLY URGED the authorities, at the highest political level, to overcome the current inertia and to hold to their commitment to resolve the problems of overcrowding and poor material conditions of detention and lack of effective remedies thereof and to adopt, as a matter of priority and without any further delay, the general measures required fully to comply with the pilot judgment;

ENCOURAGED the authorities to take full advantage of the technical assistance available from the Joint Project of the European Union and the Council of Europe in this area;

CALLED on the authorities to keep the Committee of Ministers informed in a timely manner of all developments and any progress made;

DECIDED to resume consideration of these groups of cases at their 1443 rd meeting (September 2022) (DH) at the latest.