From 4 to 6 June, the Committee of Ministers of the Council of Europe addressed how the member States of the Council, including Ukraine, carry out the decisions of the European court of human rights (ECHR). Today was published the decision of the Committee of Ministers on the execution by Ukraine of separate decisions of the European Court, reports UNN.
So, in the case of non-enforcement of domestic judicial decisions against the state or state enterprises “Yuriy Nikolayevich Ivanov Zhovner group, Burmych and others against Ukraine”, the Committee of Ministers, in particular:
confirmed that the problem of non-execution or delayed execution of domestic judicial decisions in Ukraine persists over a long period of time and that the instructions regarding the system of individual reparation, which was given by the Court in the pilot judgment in the case, has still not been sufficiently addressed by the authorities;
stressed the importance of sustained political commitment at the highest level and the necessary coordination between the different national actors involved;
took note of the consolidated plan of action of the Ukrainian authorities, which sets out the measures previously taken to implement pilot judgment in Ivanov, as well as measures taken in cooperation with the Council of Europe to identify the causes of problems of non-execution of decisions against the state and public or controlled entities;
decided to close consideration of the 352 cases in the group of cases of Zhovner group/Yuriy Nikolayevich Ivanov, in respect of which no further individual measures as were paid fair compensation, and the relevant domestic decisions were executed and made the final decision CM/ResDH (2019) 153;
decided to resume consideration of the group’s Affairs at its 1355 meeting (September 2019) and to enable the Committee to assess progress, invited the authorities to provide information regarding developments in relation to outstanding issues by 1 July 2019.
In the case of the illegal arrests and unlawful and prolonged detention “Ignatov group, Kornakova and Caneva against Ukraine,” the Ministers said:
decided to close the consideration of the case in the group, in respect of which no further individual measures since the applicant is no longer under custody and equitable compensation was paid;
invited the authorities to provide information on the criminal proceedings, which is currently ongoing;
welcomed statistical information on the reduction of application by courts of preventive measures involving deprivation of liberty in 2018;
urged the authorities to accelerate the adoption of the law, prepared in response to decision Caneva about automatic extension of period of detention between the completion of the investigation and the commencement of trial; and the law, codifying the right to compensation for unlawful detention;
welcomed the significant reduction in the number of juveniles in detention, and invited the authorities to provide more detailed information on the gravity of the crimes the detainees and the reasons why it was decided that a less restrictive preventive measure was not sufficient;
urged the authorities to provide information on measures taken or planned to resolve violations of paragraph 4 of article 5 and the remaining aspects of paragraph 1 of article 5 of the European Convention on human rights February 1, 2020.
On the case concerning the authorities ‘ refusal to allow the applicants in detention, copies of the documents for their appeal to the European Court “Naydyon group and Vasiliy Ivashchenko against Ukraine”, the Committee of Ministers, in particular:
decided to close consideration of the eight cases in this group in relation to which no further individual measures to open the country’s production was discontinued, and other reports filed by the claimants was rejected by the court;
noted with appreciation new legislation and relevant administrative measures taken by authorities, who introduce a clear procedure for prisoners to receive copies of case materials, necessary for substantiating their complaints before the Court in personal matters;
felt that it was important to ensure the effective application of those procedures in practice;
invited the authorities rapidly to complete adoption of the planned additional measures and to submit a consolidated activity report with all the changes by 1 December 2019.
As previously reported, last year, after such verification, the Council of Europe urged Ukraine to complete the investigation into the murder of journalist Georgy Gongadze.