Resolution CM/ResDH(2022)358

Execution of the judgments of the European Court of Human Rights

Two cases against Ukraine

(Adopted by the Committee of Ministers on 8 December 2022 at the 1451 st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

45526/08

ZHURAVLEVA

31/01/2019

31/01/2019

1870/05

IRINA SMIRNOVA

13/10/2016

06/03/2017

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 the authorities’ failure to ensure that the applicants can enjoy their homes free from harassment and violent disturbance (violations of Article 8);

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 action plan provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)1098 );

Recalled that, notwithstanding the regrettable delay in instituting and conducting criminal proceedings by the authorities, the perpetrators of harassment and violence against both applicants have been found guilty of extortion, convicted and sentenced to imprisonment and that their shares in the properties have been confiscated; noted also that the applicants did not apply for reopening of the proceedings and did not express their wish to access their homes in question;

Considering that the question of individual measures was resolved, given that the applicants are no longer at risk of any harassment or violence in their homes from the perpetrators in question;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Levchuk group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the authorities’ failure to ensure the applicants’ effective protection from domestic violence;

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.