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CASE OF TSUKUR AND OTHERS AGAINST UKRAINE AND 15 OTHER CASES

Doc ref: 53132/18, 53181/18, 59802/18, 1343/19, 54141/12, 34745/19, 40059/19, 53192/18, 57291/19, 57287/19, 4... • ECHR ID: 001-228525

Document date: September 21, 2023

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CASE OF TSUKUR AND OTHERS AGAINST UKRAINE AND 15 OTHER CASES

Doc ref: 53132/18, 53181/18, 59802/18, 1343/19, 54141/12, 34745/19, 40059/19, 53192/18, 57291/19, 57287/19, 4... • ECHR ID: 001-228525

Document date: September 21, 2023

Cited paragraphs only

Resolution CM/ResDH(2023)271

Execution of the judgments of the European Court of Human Rights

Sixteen cases against Ukraine

(Adopted by the Committee of Ministers on 21 September 2023 at the 1475 th meeting of the Ministersâ€™ Deputies)

Application No.

Case

Judgment of

Final on

53132/18+

Tsukur and others

17/10/2019

1343/19+

Petruk and others

14/11/2019

54141/12

CHERNYAVSKIY

22/10/2020

34745/19+

paramushchak and shpakovskyy

10/12/2020

40059/19

yolkin

14/01/2021

53192/18

Glebov

25/02/2021

57291/19

Byelikov

01/04/2021

57287/19

millyer and benedyk

01/01/2021

01/04/2021

43764/19+

omelchenko and others

15/04/2021

46948/19

palanchuk

24/06/2021

59197/19+

chernykh and grubyy

28/10/2021

55903/20

krupa

18/11/2021

48930/20

KAYUN

29/09/2022

09/09/2022

60241/19

ANTONOV

10/02/2022

9225/20

PERSPEKTYVNYY

06/10/2022

9245/19

BABIN

09/02/2023

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 on account of poor conditions of detention and lack of effective remedies thereof; excessive length of pre-trial detention; excessive length of judicial review of detention; lack of, or inadequate, compensation for unlawful arrest or detention and for the violation of Article 5, paragraph 3, of the Convention; excessive length of criminal proceedings, and lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;

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 information 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 documents DH-DD(2021)1047 ; DH-DD(2022)690 ; DH-DD(2022)896 ; DH-DD(2023)808 );

Considering that the question of individual measures was resolved given that the just satisfaction, where awarded by the Court was paid, the applicants are no longer held in detention and the domestic proceedings have been terminated;

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 Nevmerzhitsky, Melnik, Ignatov and Merit groups of cases also in the light of the Courtâ€™s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committeeâ€™s evaluation of the general measures in relation to, respectively: the poor conditions of detention and lack of effective remedies thereof; excessive length of pre-trial detention; excessive length of judicial review of detention; lack of, or inadequate, compensation for unlawful arrest or detention and for the violation of Article 5, paragraph 3, of the Convention; excessive length of criminal proceedings and lack of effective remedy in domestic law in this respect;

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 concerning poor conditions of detention and lack of effective remedies thereof; excessive length of pre-trial detention; excessive length of judicial review of detention; lack of, or inadequate, compensation for unlawful arrest or detention and for the violation of Article 5, paragraph 3, of the Convention; excessive length of criminal proceedings and lack of effective remedy in domestic law in this respect in, respectively, the Nevmerzhitsky, Melnik, Ignatov and Merit groups of cases;

DECIDES to close the examination of these cases.

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