Resolution CM/ResDH(2023)240

Execution of the judgments of the European Court of Human Rights

Two cases against Ukraine

(Adopted by the Committee of Ministers on 6 September 2023 at the 1473 rd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

14220/13+

LESHCHENKO

21/01/2021

21/01/2021

23897/10

YURIY CHUMAK

18/03/2021

18/06/2021

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 the disproportionate refusal of the authorities to provide a non-governmental organisation and journalists with information (violations of Article 10);

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 report 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 in Yuriy Chumak (see document DH-DD(2022)85 );

Considering that the question of individual measures was resolved, given that the reopening of the impugned proceedings is allowed under domestic law and the applicants did not request such re-opening and that, in any event, the information at stake has lost its relevance;

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 case of Centre for Democracy and the Rule of Law v. Ukraine , also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to freedom to receive information;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures in relation to freedom to receive information in the case of Centre for Democracy and the Rule of Law v. Ukraine ;

DECIDES to close the examination of these cases.