CASE OF MALAKHOV AND KRAYNYUCHENKO AGAINST UKRAINE AND 5 OTHER CASES

Resolution CM/ResDH(2024)328 Execution of the judgments of the European Court of Human Rights Six cases against Ukraine   (Adopted by the Committee of Ministers on 5 December 2024 at the 1514th meeting of the Ministers' Deputies)     Application No. Case Judgment of Final on 23595/21+ MALAKHOV AND KRAYNYUCHENKO 16/11/2023 16/11/2023 61073/21+ TITARCHUK 16/11/2023 16/11/2023 56163/21+ NEZDYMOVSKYY 05/10/2023 05/10/2023 87/21+ FILONENKO AND OTHERS 25/05/2023 25/05/2023 42010/18 YAKOVLYEV 08/12/2022 08/03/2023 23537/20+ DERKACH 09/02/2023 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 “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 poor material conditions of detention and the lack of effective remedies thereof, force-feeding of prisoners (violations of Articles 3 and 13), as well as unlawful and unjustified detention, excessive length of pre-trial detention, lack of or insufficient compensation for unlawful arrest or detention and for excessive length of pre-trial detention, (violations of Article 5, paragraphs 1, 3 and 5), excessive length of criminal proceedings and the lack of effective remedies thereof (violations of Article 6, paragraph 1, and Article 13);   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 information provided by the government indicating the individual measures adopted to execute the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2024)392 and DH-DD(2024)438);   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 on remand 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, Ignatov and Merit groups 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 required;   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 material conditions of detention and the lack of effective remedies thereof, as well as force-feeding of prisoners in the Nevmerzhitsky group of cases; unlawful and unjustified detention, excessive length of pre-trial detention, the lack of or insufficient compensation for unlawful arrest or detention and for excessive length of pre-trial detention in the Ignatov group of cases; excessive length of criminal proceedings and the lack of effective domestic remedies thereof in the Merit group of cases;   DECIDES to close the examination of these cases.