Resolution CM/ResDH(2023)254

Execution of the judgments of the European Court of Human Rights

Three cases against Ukraine

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

Application No.

Case

Judgment of

Final on

71818/17

AVRAIMOV

25/03/2021

25/03/2021

27265/18

IGNATCHENKO

06/10/2022

06/10/2022

25688/12

KALUGIN

06/04/2023

06/04/2023

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 “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 unlawful and excessive length of detention on remand as well as the lack of judicial review compatible with the standards laid down in the Court’s case-law and an enforceable right to compensation (violations of Articles 5, paragraphs 1, 3, 4 and 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 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)38 );

Considering that the question of individual measures was resolved, given that the applicants are no longer in detention on remand;

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 Ignatov group of cases, 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 the application of detention on remand under the 2012 Code of Criminal Procedure;

Noting that questions related to overcrowding and poor material conditions of detention, raised by the Avraimov case, are being examined by the Committee in the context of the supervision of the Nevmerzhitsky group of cases;

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 the application of detention on remand under the 2012 Code of Criminal Procedure in the context of the Ignatov group of cases;

DECIDES to close the examination of these cases.