Resolution CM/ResDH(2023)41

Execution of the judgment of the European Court of Human Rights

Tymoshenko against Ukraine

(Adopted by the Committee of Ministers on 9 March 2023 at the 1459 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

49872/11

TYMOSHENKO

30/04/2013

30/07/2013

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 judgment transmitted by the Court to the Committee in this case and to the violations established on account of restriction of the applicant’s right to liberty for purposes other than those prescribed by the Convention (violations of Article 5 and Article 18 of the Convention taken together with Article 5);

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 in order to give effect to the judgment and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2022)1432 );

Recalling its decision adopted at the 1377 th meeting (June 2020) (DH) in which it noted with satisfaction that the applicant had been released and fully rehabilitated in 2014 and that all negative consequences of the violations were erased; considered therefore that the question of individual measures was resolved;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Lutsenko case and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the restriction of right to liberty for purposes other than those prescribed by the Convention.

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.