Resolution CM/ResDH(2026)92
Execution of the judgment of the European Court of Human Rights
Ivan Karpenko No. 2 against Ukraine
 
(Adopted by the Committee of Ministers on 29 April 2026
at the 1558th meeting of the Ministers’ Deputies)
 
Application No.
Case
Judgment of
Final on
41036/16
Ivan Karpenko No. 2
24/04/2025
24/07/2025
 
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 judgment transmitted by the Court to the Committee in this case and to the violations established concerning the unfair trial on account of the breach of the adversarial principle and the principle of equality of arms, as the applicant was not allowed to participate in the court hearings by videolink, as well as the unlawful interference with the applicant’s right to respect for his correspondence with domestic courts while in prison;
 
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 measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2026)142);
 
Considered that the necessary general measures have been taken concerning the violation of the right to a fair trial by the adoption of the legislative amendments guaranteeing the right of prisoners to participate in proceedings by videolink and by the development of subsequent judicial practice;
 
Recalling that the question of general measures concerning the monitoring of prisoners’ correspondence has been examined in the group of cases Sergey Volosyuk (see Final Resolution CM/ResDH(2024)174));
 
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
 
DECIDES to close the examination thereof.