Draft Resolution CM/ResDH(2022)329

Execution of the judgments of the European Court of Human Rights

Two 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

44160/19+

LASHCH

24/06/2021

24/06/2021

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”);

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 of detention and absence of an effective domestic remedy thereof; excessive length and deficiencies of judicial review of detention; lack of, or inadequate compensation, for the violation of Article 5, paragraph 3, of the Convention; lack of, or inadequate compensation, for the violation of Article 5, paragraph 4, of the Convention; excessive length of pre-trial detention, as well as excessive length of criminal proceedings;

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 documents DH-DD(2022)779 ; DH-DD(2022)896 and DH-DD(2022)849 );

Considering that the question of individual measures was therefore resolved, given that the just satisfaction awarded by the Court has been paid and the applicants are no longer in detention;

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, Melnik, Ignatov and Merit 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.