Resolution CM/ResDH(2023)356

Execution of the judgment of the European Court of Human Rights

Satanovska and Rodgers against Ukraine

(Adopted by the Committee of Ministers on 8 November 2023 at the 1480 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

12354/19

SATANOVSKA AND RODGERS

28/01/2021

28/01/2021

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 judgment transmitted by the Court to the Committee in this case and to the violation of the applicants’ right to respect for family life, on account of the Supreme Court’s decision ordering the return of the second applicant to the United Kingdom without an effective examination of the first applicant’s objection based on the Hague Convention on the Civil Aspects of International Child Abduction (“the Hague Convention”), which concerns the grave risk of the child being exposed to physical or psychological harm in the event of his return, (violation of Article 8);

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 judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)898 );

Considering that the question of individual measures was resolved, given that the Supreme Court’s decision of 29 August 2018, criticised by the European Court, ordering the second applicant’s return to the United Kingdom was overturned following the reopening proceedings after the Court’ judgment and during the new examination the Supreme Court balanced the child’s best interests;

Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the M.R. and D.R. group of cases, also in the light of the Court’s findings in this 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 implementation of the Hague Convention in Ukraine;

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

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures in relation to the implementation of the Hague Convention in Ukraine in the M.R. and D.R. group of cases;

DECIDES to close the examination of this case.