33643/03, TIKHAK v. UKRAINA - Rezolucja Komitetu Ministrów Rady Europy

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Rezolucja Komitetu Ministrów Rady Europy z dnia 6 czerwca 2019 r. 33643/03

UZASADNIENIE

Sentencja

Resolution CM/ResDH(2019)150 Execution of the judgments of the European Court of Human Rights Eight cases against Ukraine

(Adopted by the Committee of Ministers on 6 June 2019 at the 1348th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

33643/03

KOROSTYLYOV

13/06/2013

13/09/2013

21380/04

LOBAS

07/11/2013

07/02/2014

23265/05+

GERBEY AND OTHERS

21/07/2016

21/07/2016

40464/05

ARTUR PARKHOMENKO

16/02/2017

16/05/2017

3547/06

MUSHYNSKYY

15/09/2016

15/09/2016

26581/06

ANDREY ZAKHAROV

07/01/2016

07/04/2016

55876/08

MALOV

18/12/2018

18/12/2018

59937/08

TIKHAK

18/12/2018

18/12/2018

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 refusal by the authorities to provide prisoners with effective access to the documents from their criminal files needed to substantiate their applications before the Court under Article 34;

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 in order to give effect to the judgments, including where appropriate the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)373);

Considering that the question of individual measures has therefore been resolved, given that the domestic proceedings have terminated and that other complaints made by the applicants were rejected by the Court;

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 within the framework of the Naydyon group of cases and that the closure of these cases therefore in no way prejudges the Committee's evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.