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CASE OF BEZRUCHENKOV AND OTHERS AGAINST UKRAINE AND 10 OTHER CASES

Doc ref: 5068/20, 7036/20, 36458/20, 56470/18, 39794/20, 7762/10, 19061/20, 10990/20, 9493/21, 38946/20, 4050... • ECHR ID: 001-225529

Document date: June 7, 2023

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CASE OF BEZRUCHENKOV AND OTHERS AGAINST UKRAINE AND 10 OTHER CASES

Doc ref: 5068/20, 7036/20, 36458/20, 56470/18, 39794/20, 7762/10, 19061/20, 10990/20, 9493/21, 38946/20, 4050... • ECHR ID: 001-225529

Document date: June 7, 2023

Cited paragraphs only

Resolution CM/ResDH(2023)146

Execution of the judgments of the European Court of Human Rights

11 cases against Ukraine

(Adopted by the Committee of Ministers on 7 June 2023 at the 1468 th meeting of the Ministersâ€™ Deputies)

Application No.

Case

Judgment of

Final on

5068/20

BEZRUCHENKOV AND OTHERS

10/06/2021

56470/18

DOGNON

05/12/2019

39794/20

IVANCHAK

10/06/2021

7762/10

KANTSARA AND OTHERS

06/07/2017

19061/20

LAVRYSHYN AND AKSYONOVA

15/04/2021

10990/20

LUZAN AND OTHERS

30/09/2021

9493/21

MARTYNYUK AND KOZMINA

13/01/2022

38946/20

PODYAPOLSKYY AND SULYMA

16/09/2021

40506/07+

SHVETS AND OTHERS

12/01/2017

17843/19

ZAKUTNIY

06/02/2020

3391/17

ZVARYCH AND MARCHEVSKA

22/07/2021

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 â€œthe Conventionâ€ and â€œthe Courtâ€),

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 excessive length of criminal/civil proceedings as well as the lack of effective remedy in this respect (violations of Articles 6, paragraph 1, and 13);

Recalling the respondent Stateâ€™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(2023)338 );

Considering that the question of individual measures has been resolved in these cases, given that the criminal/civil proceedings have been terminated and that all required individual measures have also been taken in respect of the other violations found by the Court namely that the obligation not to abscond was lifted from the applicants in the cases of Kantsara and Others and Shvets and Others ;

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 in the framework of the Merit and Svetlana Naumenko groups of cases and that the closure of these cases therefore in no way prejudges the Committeeâ€™s evaluation of the general measures required;

Noting that questions related to excessive length of the obligation not to abscond, raised by the cases Kantsara and Others and Shvets and Others , are being examined by the Committee in the context of the supervision of the Ivanov group of cases;

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.

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