CASE OF OMELCHENKO AGAINST UKRAINE AND 3 OTHER CASES

Resolution CM/ResDH(2024)426 Execution of the judgments of the European Court of Human Rights Four cases against Ukraine (Adopted by the Committee of Ministers on 11 December 2024 at the 1515th meeting of the Ministers’ Deputies)    Application No. Case Judgment of Final on 44158/19 OMELCHENKO 23/03/2023 23/03/2023 9725/20 BOLSHENKO 23/03/2023 23/03/2023 45465/16+ PADALKA AND OTHERS 16/11/2023 16/11/2023 32035/20+ VOLYANSKA AND OTHERS 08/06/2023 08/06/2023 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 the excessive length of certain civil proceedings as well as of the lack of effective remedy in this respect (violations of Articles 6, paragraph 1, and 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 action plan and addendum to it 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)256 and DH-DD(2024)1031); Considering that the question of individual measures was resolved, given that 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 Svetlana Naumenko 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 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 excessive length of civil proceedings as well as the lack of effective remedy in this respect in the Svetlana Naumenko group of cases; DECIDES to close the examination of these cases.