CASE OF BÍRÓ AND OTHERS AGAINST UKRAINE AND 19 OTHER CASES

Resolution CM/ResDH(2025)265 Execution of the judgments of the European Court of Human Rights Twenty cases against Ukraine   (Adopted by the Committee of Ministers on 17 September 2025 at the 1537th meeting of the Ministers’ Deputies)     Application No. Case Judgment of Final on 77948/13 BÍRÓ AND OTHERS 06/10/2022 06/10/2022 35093/19 ZALEVSKYY AND VITKOVSKYY 06/10/2022 06/10/2022 72970/13 GRYSHKO AND KOSHLYAK 24/02/2022 24/02/2022 5216/16 LEONTYEV AND OTHERS 19/10/2023 19/10/2023 29978/14 SPESYVTSEV AND OTHERS 05/10/2023 05/10/2023 20390/19 SKRYPKA AND OTHERS 20/07/2023 20/07/2023 20293/16 KOTSABA AND OTHERS 06/07/2023 06/07/2023 22194/18 KULYK 25/05/2023 25/05/2023 24520/19 KORNIYENKO AND OTHERS 13/04/2023 13/04/2023 26269/13 SYDORENKO AND OTHERS 01/12/2022 01/12/2022 62209/17 VADYM MELNYK 15/09/2022 15/12/2022 42523/16 NAGABAS AND KARPENKO 11/04/2024 11/04/2024 23911/16 KUZMENKO 11/04/2024 11/04/2024 44960/15 PLAVAK AND STEPANOV 20/06/2024 20/06/2024 62818/16 PADAGUTS 27/06/2024 27/06/2024 18261/23 SYRYTSYA AND OTHERS 05/09/2024 05/09/2024 52855/19 RYTIKOV 23/05/2024 23/08/2024 39488/15 MALYEYEV 10/10/2024 10/10/2024 14748/24 BAGATYY 23/01/2025 23/01/2025 10838/24 MARTYROSYAN 13/02/2025 13/02/2025   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 mainly on account of unlawful and excessive length of detention on remand as well as the lack of judicial review compatible with the standards laid down in the Court’s case-law and an enforceable right to compensation (violations of Articles 5, paragraphs 1, 3, 4 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 plans 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(2025)567, DH-DD(2025)780 and DH-DD(2025)832);   Considering that the question of individual measures was resolved, given that the applicants are no longer in detention on remand;   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 Ignatov 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 practice of the application of the 2012 Code of Criminal Procedure;   Noting that questions related to excessive length of criminal proceedings, raised by the Zalevskyy and Vitkovskyy case, are being examined by the Committee in the context of the supervision of the Merit group of cases;   Noting that questions related to delayed release from detention, raised by the Biro and Others, Sydorenko and Others and Kulyk cases, are being examined by the Committee in the context of the supervision of the Oshurko group of cases;   Recalling that the question of general measures required in response to a similar violation, established on account of the confinement in a metal cage during the criminal hearings, raised by the Vadym Melnyk case, was examined within the framework of the Lutsenko (No.2) group of cases, which was closed by Final Resolution CM/ResDH(2025)173;   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 application of detention on remand under the 2012 Code of Criminal Procedure in the context of the Ignatov group of cases;   DECIDES to close the examination of these cases.