CASE OF BORISENKO AND OTHERS AGAINST RUSSIA AND 14 OTHER CASES
Doc ref: 18682/09, 58052/09, 49397/10, 41901/11, 19251/13, 13382/14, 37042/14, 33128/08, 24185/08, 72885/10, ... • ECHR ID: 001-214822
Document date: December 2, 2021
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Resolution CM/ResDH(2021)336
Execution of the judgments of the European Court of Human Rights
15 cases against the Russian Federation
(Adopted by the Committee of Ministers on 2 December 2021
at the 1419 th meeting of the Ministers' Deputies)
Application No.
Case Title
Judgment of
Final on
18682/09+
BORISENKO AND OTHERS
24/11/2016
24/11/2016
37042/14
CHAYKA
13/06/2017
13/06/2017
33128/08
FARRAKHOV
24/07/2018
24/07/2018
24185/08+
GEVAL AND OTHERS
04/05/2017
04/05/2017
72885/10
KOLESIN
28/11/2017
28/11/2017
61513/14
KONDRATYEV
22/06/2017
22/06/2017
10932/06
MEDVEDEV
03/10/2017
03/10/2017
49998/17+
OGLY AND OTHERS
26/07/2018
26/07/2018
28563/17+
PRISHCHENKO
26/11/2020
26/11/2020
31796/10
REVTYUK
09/01/2018
09/04/2018
13541/06
SHKILEV
19/03/2009
19/06/2009
10341/07
SNYATOVSKIY
13/12/2016
13/03/2017
41509/06
STADNIK
13/06/2017
13/06/2017
46144/12
TERENINA
24/11/2016
24/11/2016
4672/19+
TYAZHKOV
26/11/2020
26/11/2020
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 various irregularities regarding detention on remand, the excessive length and the poor conditions of detention on remand, the excessive length of criminal proceedings, and the poor conditions of detention at a police station (violations of Articles 3, 5 and 6, paragraph 1 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 noted the information provided regarding the payment of the just satisfaction awarded by the Court;
Considering that the question of individual measures was resolved, given that the applicants are no longer held in detention on remand or at a police station, and the impugned criminal proceedings have been terminated;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases continues to be examined within the framework of the groups of cases Klyakhin , Kalashnikov , and Fedotov , and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in required;
Recalling further that the general measures in relation to the excessive length of criminal proceedings were examined in the Smirnova group of cases closed by Final Resolution CM/ResDH(2017)168 ;
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.