Draft Resolution CM/ResDH(2022)328

Execution of the judgments of the European Court of Human Rights

Five cases against Ukraine

(Adopted by the Committee of Ministers on ... 2022 at the 1449 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

63727/11

ANDREY YAKOVENKO

13/03/2014

13/06/2014

4595/20+

PRYADKO AND OTHERS

15/04/2021

15/04/2021

79912/13

RAMISHVILI

22/10/2020

22/10/2020

70878/12

RASPRYAKHIN

28/05/2020

28/05/2020

63782/11

ROMANOV

16/07/2020

16/07/2020

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 poor material conditions in detention and in transit between colonies and lack of adequate medical care in detention; lack of effective remedies thereof; as well as lack of relevant and sufficient reasons for detention on remand, and, in the case of Romanov , absence of a lawyer during statements given to the police;

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 indicating the individual measures adopted to give effect to the judgments including regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)896 and the summary of the measures set out in H/EXEC(2021)22 );

Considering that the question of individual measures was resolved, given that the just satisfaction awarded by the Court has been paid, the applicants are no longer in detention, and in the case of Romanov, the applicant did not apply for reopening of the impugned criminal proceedings following the Court’s judgment;

Recalling that the question of 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 Nevmerzhitsky , Isayev, Yakovenko, Yaremenko, Melnik, Ignatov and Balitskiy groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

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.