CASE OF KARAPAS AND OTHERS AGAINST UKRAINE AND 1 OTHER CASE

Resolution CM/ResDH(2025)223 Execution of the judgments of the European Court of Human Rights Two cases against Ukraine   (Adopted by the Committee of Ministers on 3 September 2025 at the 1535th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 54575/12 KARAPAS AND OTHERS 22/10/2020 22/10/2020 14607/16 PANCHUK 22/07/2021 22/07/2021   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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of delayed release from detention and the lack of an enforceable right to compensation for unlawful detention (violations of Articles 5, paragraphs 1 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 report 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 document DH-DD(2025)397);   Considering that the question of individual measures was resolved, given that the applicants are no longer held in detention;   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 Oshurko 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 delayed release from detention linked to administrative formalities;   Noting that questions related to the lack of an enforceable right to compensation for unlawful detention, raised by the Karapas and Others case, are being examined by the Committee in the context of the supervision of the Ignatov 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 delayed release from detention linked to administrative formalities in the Oshurko group of cases;   DECIDES to close the examination of these cases.