Ministers’ Deputies
    Decisions

    CM/Del/Dec(2008)1020 7 March 2008
    ———————————————

    1020th (DH) meeting, 4-6 March 2008

    Decisions adopted at the meeting

    ———————————————

    1020th DH meeting – 6 March 2008

    Item a.

    Adoption of the Annotated Agenda and Order of Business

    Decisions

    The Deputies

    1. agreed to postpone the following items placed on the draft annotated Agendas of their 1020th meeting (DH)):

    - 2 cases against Austria
    68354/01 Vereinigung Bildender Künstler, judgment of 25/01/2007, final on 25/04/2007
    3138/04 Arbeiter, judgment of 25/01/2007, final on 25/04/2007

    - 1 case against France
    11950/02 Tedesco, judgment of 10/05/2007, final on 10/08/2007

    - 5 cases against Greece
    53401/99 Konti-Arvaniti, judgment of 10/04/03, final on 10/07/03
    77198/01 Athanasiou, judgment of 29/09/05, final on 29/12/05
    3257/03 Sflomos, judgment of 21/04/05, final on 21/07/05
    20898/03 Chatzibyrros and others, judgment of 06/04/06, final on 06/07/06
    11720/03 Inexco, judgment of 27/04/06, final on 27/07/06

    - 5 cases against Ireland
    39474/98 D.G., judgment of 16/05/02, final on 16/08/02

    50389/99 Doran, judgment of 31/07/03, final on 31/10/03
    42297/98 McMullen, judgment of 29/07/2004, final on 29/10/2004
    18273/04 Barry, judgment of 15/12/2005, final on 15/03/2006
    54725/00 O’Reilly and others, judgment of 29/07/2004, final on 29/10/2004

    - 1 case against Romania
    27086/02 Popescu and Toader, judgment of 08/03/2007, final on 08/06/2007

    - 3 cases against the Russian Federation
    6847/02 Khudoyorov, judgment of 08/11/2005, final on 12/04/2006

    77617/01 Mikheyev, judgment of 26/01/2006, final on 26/04/2006
    65859/01 Sheydayev, judgment of 07/12/2006, final on 23/05/2007

    - 2 case against Spain
    77837/01 Saez Maeso, judgment of 09/11/2004, final on 09/02/2005
    55524/00 Stone Court Shipping Company S.A., judgment of 28/10/03, final on 28/01/04

    - 1 cases against Ukraine
    803/02 Intersplav, judgment of 09/01/2007, final on 23/05/2007

    - 7 cases against the United Kingdom
    46477/99 Edwards Paul and Audrey, judgment of 14/03/02, final on 14/06/02

    27229/95 Keenan, judgment of 03/04/01

28212/95 Benjamin and Wilson, judgment of 26/09/02, final on 26/12/2002

    36256/97 Thompson, judgment of 15/06/2004, final on 15/09/2004
    41534/98 Bell, judgment of 16/01/2007, final on 16/04/2007

    45508/99 H.L., judgment of 05/10/2004, final on 05/01/2005

    74025/01 Hirst No. 2, judgment of 06/10/2005 - Grand Chamber

    to their 1028th meeting (3-5 June 2008) (DH);

    2. agreed to postpone the following item placed on the draft annotated Agendas of their 1020th meeting (DH):

    - 3 cases against the Russian Federation
    14139/03 Bolat, judgment of 05/10/2006, final on 05/01/2007

    55066/00+ Russian Conservative Party of Entrepreneurs and others, judgment of 11/01/2007, final on 11/04/2007

    73043/01 Arshinchikova, judgment of 29/03/2007, final on 29/06/2007

    - 35 cases against Ukraine

    61406/00 Gurepka, judgment of 06/09/2005, final on 06/12/2005

    7577/02 Bochan, judgment of 03/05/2007, final on 03/08/2007

    - Cases of length of civil proceedings and of absence of an effective remedy
    41984/98 Naumenko Svetlana, judgment of 09/11/2004, final on 30/03/2005
    33983/02 Artemenko, judgment of 07/06/2007, final on 07/09/2007
    22431/02 Baglay, judgment of 08/11/05, final on 08/02/06
    10569/03 Barskiy, judgment of 05/07/2007, final on 05/10/2007
    4078/03 Chukhas, judgment of 12/07/2007, final on 12/10/2007
    9755/03 Dolgikh, judgment of 28/06/2007, final on 28/09/2007
    61679/00 Dulskiy, judgment of 01/06/2006, final on 01/09/2006
    55870/00 Efimenko, judgment of 18/07/2006, final on 11/12/2006
    39161/02 Golovko, judgment of 01/02/2007, final on 01/05/2007
    23853/02 Karnaushenko, judgment of 30/11/2006, final on 28/02/2007
    11084/03 Kozlov, judgment of 12/07/2007, final on 12/10/2007
    23786/02 Krasnoshapka, judgment of 30/11/2006, final on 28/02/2007
    10437/02 Kukharchuk, judgment of 10/08/2006, final on 10/11/2006
    56918/00 Leshchenko and Tolyupa, judgment of 08/11/05, final on 08/02/06
    9724/03 Litvinyuk, judgment of 01/02/2007, final on 09/07/2007
    43482/02 Makarenko, judgment of 01/02/2007, final on 01/05/2007
    36545/02 Moroz and others, judgment of 21/12/2006, final on 21/03/2007
    39404/02 Mukhin, judgment of 19/10/2006, final on 19/01/2007, rectified on 9/01/2007
    12803/02 Ogurtsova, judgment of 01/02/2007, final on 23/05/2007
    25681/03 Panchenko, judgment of 05/07/2007, final on 05/10/2007
    70767/01 Pavlyulynets, judgment of 06/09/2005, final on 06/12/2005
    31105/02 Shinkarenko, judgment of 07/06/2007, final on 24/09/2007
    23926/02 Silin, judgment of 13/07/2006, final on 13/10/2006
    36655/02 Smirnova, judgment of 08/11/2005, final on 08/02/2006
    49430/99 Strannikov, judgment of 03/05/2005, final on 03/08/2005
    9616/03 Svistun, judgment of 21/06/2007, final on 21/09/2007
    72551/01 Teliga and others, judgment of 21/12/2006, final on 21/03/2007
    28746/03 Vyrovyy, judgment of 12/07/2007, final on 12/10/2007

            - Cases of length of criminal proceedings and of absence of an effective remedy

    66561/01 Merit, judgment of 30/03/2004, final on 30/06/2004
    14183/02 Antonenkov and others, judgment of 22/11/2005, final on 22/02/2006
    7324/02 Kobtsev, judgment of 04/04/2006, final on 04/07/2006
    14809/03 Mazurenko, judgment of 11/01/2007, final on 11/04/2007
    11336/02 Yurtayev, judgment of 31/01/2006, final on 01/05/2006

    to their 1035th meeting (16-18 September 2008) (DH);

    3. taking into account decisions 1 and 2 above, adopted the agenda of their 1020th (DH) meeting as it appears in documents CM/Del/OJ/DH(2008)1020.

    * * *

    1020th DH meeting – 6 March 2008

    Item c.

    Preparation of the next meeting (DH)
    (1028th, 3-5 June 2008)

    Decisions

    The Deputies,

    1. approved the preliminary draft Agenda of their 1028th meeting (3-5 June 2008 (DH)), as it appears below;

    2. approved the following time-table for the preparation of the meeting:

      a. a list of new items for consideration at the 1028th meetings will be issued in the Preliminary list of items for consideration at the 1028th meeting;

      b. in principle, new judgments of the Court which are final on or before 21 March 2008, will be added and Section 2 (together with the draft decisions) will be placed on the Committee of Ministers’ Internet site on 30 April 2008;

      c. Delegations wishing to provide information concerning the items appearing on the preliminary agenda for the 1028th meeting are invited to make such information available to the Secretariat before 11 April 2008;

    d. Sections 4.1 and 5 (together with the draft decisions), will be placed on the Committee of Ministers’ Internet site on 6 May 2008 and the accompanying addenda will be distributed shortly afterwards;

    e. Section 4.3 (together with the draft decisions), will be placed on the Committee of Ministers’ Internet site on 16 May 2008 and the accompanying addenda will be distributed shortly afterwards;

      f Sections 4.2, 6 and 1, General Questions (together with the draft decisions), will be placed on the Committee of Ministers’ Internet site on 21 May 2008; and the accompanying addenda will be distributed shortly afterwards;

    g. the order of business will be distributed on 21 May 2008.

    * * *

    1020th DH meeting – 6 March 2008

    Item d.

    Measures to improve the execution of the judgments of the European Court of Human Rights
    (DD(2008)65, 69 and 84, CM/Inf/DH(2008)7)

    Decision

    The Deputies decided to declassify the memorandum on the monitoring of the payment of sums awarded by way of just satisfaction, as it appears in Chapters 1 to 4 of document CM/Inf/DH(2008)7 as revised during the meeting and to transmit it to the Steering Committee for Human Rights (CDDH).

    * * *

    1020th DH meeting – 6 March 2008

    Item e.

    First annual report of the Committee of Ministers on the execution of the judgments of the European Court of Human Rights (January – December 2007)
    (DD(2008)31rev, DD(2008)104, 116, 117, 118 et 122)

    Decision

    The Deputies adopted the annual report as it appears in the documents issued at the present meeting and in the light of the comments made in the debate, it being understood that delegations have until 13 March 2008 to make minor redactional changes and that the report will not be released before that date.

    * * *

    1020th DH meeting – 6 March 2008

    Item f.

    Execution approach appropriate to cases raising issues of child care and parental rights
    (CM/Inf/DH(2008)10)

    Decision

    The Deputies to resume consideration of this item at their 1028th meeting (3-5 June 2008) (DH), on the basis of an updated version of the reflexion document to be prepared by the Secretariat in the light of observations made in debate and of written contributions from delegations.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.3

    - 9 cases against the Russian Federation
    - Cases concerning security forces in the Chechen Republic
    57942/00+ Khashiyev and Akayeva, judgment of 24/02/2005, final on 06/07/2005, rectified on 01/09/2005
    74237/01 Baysayeva, judgment of 05/04/2007, final on 24/09/2007
    69481/01 Bazorkina, judgment of 27/07/2006, final on 11/12/2006
    59334/00 Chitayev and Chitayev, judgment of 18/01/2007, final on 18/04/2007
    60272/00 Estamirov and others, judgment of 12/10/2006, final on 12/01/2007
    7615/02 Imakayeva, judgment of 09/11/2006, final on 09/02/2007
    69480/01 Luluyev and others, judgment of 09/11/2006, final on 09/02/2007
    57950/00 Isayeva, judgment of 24/02/2005, final on 06/07/2005
    57947/00+ Isayeva, Yusupova and Bazayeva, judgment of 24/02/2005, final on 06/07/2005
    CM/Inf/DH(2006)32 revised 2

    Decisions

    The Deputies,

    1. took note of the information provided by the Russian authorities with regard to the domestic investigations required by the judgments of the European Court and of the fact that these investigations come now within the jurisdiction of the Investigating Committee recently established with the Prokuratura of the Russian Federation;

    2. recalled in this respect that to comply with the requirements of the Convention, such investigations should be effective and should be conducted with reasonable speed and adequate public scrutiny;

    3. encouraged the Russian authorities to organise bilateral consultations between the Secretariat and the competent Russian authorities with view to ensuring that these investigations fully comply with the above requirements;

    4. recalled that the Russian authorities had previously provided extensive information on general measures taken or envisaged to prevent new, similar violations, in particular with regard to the issues raised in Memorandum CM/Inf/DH(2006)32 revised 2;

    5. decided to resume consideration of these cases at their 1035th meeting (16-18 September 2008) (DH), in the light of further information, if need be, to be provided by the Russian authorities on the progress of the internal investigations and on the basis of an up-dated version of the Memorandum to be prepared by the Secretariat.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.3

    - 98 cases against the Russian Federation
    - 98 cases concerning the failure or substantial delay by the administration or state companies in abiding by final domestic judgments
    (See Appendix for the list of cases in the Timofeyev group)
    CM/Inf/DH(2006)19 revised 2 and CM/Inf/DH(2006)45, CM/Inf/DH(2006)19 revised 3

    Decisions

    The Deputies, referring to the previous decisions adopted in this group of cases,

    1. welcomed the realisation by the Russian authorities, at high level, that these structural problems at the origin of the violations found by the Court demanded rapid solutions and welcomed in this respect the significant efforts made by the competent authorities of the Russian Federation;

    2. took note with interest of the recent comprehensive information provided on the general measures envisaged or under adoption with a view to resolving the complex structural problems underlying the violations found by the Court;

    3. decided to resume consideration of these items at their 1028th meeting (3-5 June 2008) (DH), possibly on the basis of a draft interim resolution taking stock of the measures adopted so far or envisaged and identifying outstanding issues and further action to be taken to comply fully with the Court's judgments.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.3

    - 3 cases against Turkey
    28490/95 Hulki Güneş, judgment of 19/06/03, final on 19/09/03
    Interim Resolutions ResDH(2005)113, CM/ResDH(2007)26 and CM/ResDH(2007)150
    72000/01 Göçmen, judgment of 17/10/2006, final on 17/01/2007
    46661/99 Söylemez, judgment of 21/09/2006, final on 21/12/2006

    Decisions

    The Deputies,

    1. noted with grave concern that the Turkish authorities have still not responded to Interim Resolutions ResDH(2005)113 of November 2005, CM/ResDH(2007)26 of April 2007 and CM/ResDH(2007)150 of December 2007 calling upon them to abide by their obligation under Article 46, paragraph 1, of the Convention to redress the violations found in respect of the applicant and strongly urging them to remove the legal lacuna preventing the reopening of domestic proceedings in the case of Hulki Güneş;

    2. deplored the fact that no concrete information or any time-frame had yet been provided by the Turkish authorities regarding a legislative reform designed to allow the reopening of proceedings in all similar cases;

    3. noted with preoccupation that the said legal lacuna also prevents the reopening of proceedings at issue in the cases of Göçmen and Söylemez;

    4. strongly urged the Turkish authorities to respond without further delay to the Committee’s repeated demands that they urgently remedy the applicants’ situation and take the necessary measures to reopen the proceedings impugned by the Court in these cases;

    5. decided to resume consideration of these items at their 1028th meeting (3-5 June 2008) (DH).

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.3

    - 1 case against Turkey
    25781/94 Cyprus against Turkey, judgment of 10/05/01 – Grand Chamber

          CM/Inf/DH(2007)10rev4, CM/Inf/DH(2007)10/1rev, CM/Inf/DH(2007)10/3rev, CM/Inf/DH(2007)10/6, CM/Inf/DH(2008)6/5

    Interim Resolutions ResDH(2005)44 and CM/ResDH(2007)25

    Decisions

    The Deputies,

    On the issue of missing persons:

    1. noted with interest the information provided on:

    - the progress achieved by the CMP in the framework of the Exhumation and Identification Programme;

    - the information which the families of missing persons can obtain when the remains of their relatives are returned;

    2. invited the Turkish authorities to continue to keep the Committee informed of these issues, as well as to ensure that all necessary measures are taken to allow the preservation of data and material items obtained within the framework of the Exhumation and Identification Programme;

    3. insisted, in addition, on their repeated invitation to the Turkish authorities to provide information on the additional measures required to ensure the effective investigations needed for the full execution of the Court's judgment;

    4. decided to resume consideration of this issue at their 1028th meeting (3-5 June 2008) (DH), in the light of further information to be provided by the Turkish authorities.

    On the issue of the property rights of the enclaved persons:

    5. noted that additional information had been submitted recently and that several issues relating to the regulation of these rights and available remedies in this regard still need to be clarified;

    6. decided to resume consideration of this issue at their 1035th meeting (16-18 September 2008) (DH), in the light of the information provided by the Turkish authorities and its evaluation.

    On the issue of property rights of displaced persons:

    7. noted with interest the recent information provided by the Turkish authorities on the functioning of the “Immovable Property Commission” established in the north of Cyprus and invited them to continue to keep the Committee informed of this subject;

    8. welcomed the information document CM/Inf/DH(2008)6/5 prepared by the Secretariat in response to the Committee’s request to clarify the relevant questions for the execution of the judgment of the Court and recalled the concerns expressed time and time again by the Committee in this context (see in particular the Interim Resolution CM/ResDH(2007)25);

    9. invited the Turkish authorities to provide responses to the questions raised in this information document and decided to resume consideration of this issue at their 1028th meeting (3-5 June 2008) (DH).

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.3

    - 1 case against Turkey
    15318/89 Loizidou, judgment of 18/12/96 (merits), Interim Resolutions DH(99)680, DH(2000)105, ResDH(2001)80

    Decisions

    The Deputies,

    1. took note with interest of the response of 27 February 2008 by the Turkish authorities to the applicant’s comments of 30 November 2007 on the offer she received from these authorities concerning her property;

    2. decided to resume consideration of this case at their 1028th meeting (3-5 June 2008) (DH) for the assessment of the individual measures.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.3

    - 1 case against Turkey
    46347/99 Xenides-Arestis, judgments of 22/12/2005, final on 22/03/2006 and of 07/12/2006, final on 23/05/2007
    CM/Inf/DH(2007)19

    Decisions

    The Deputies,

    1. recalled the two divergent interpretations put forward regarding what precisely was covered by the amount awarded in respect of pecuniary damage in the judgment of the European Court of 7 December 2006 on the application of Article 41;

    2. stressed, once again, that in any event and without prejudice to possible further clarifications, the amounts awarded by the Court are due according to the modalities indicated in this judgment and urged Turkey to pay these amounts without any delay;

    3. decided to resume consideration of the issues raised in this case at their 1028th meeting (3-5 June 2008) (DH).

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.3

    - 6 cases against the United Kingdom
    - Cases concerning the action of the security forces in the United Kingdom
    28883/95 McKerr, judgment of 04/05/01, final on 04/08/01
    37715/97 Shanaghan, judgment of 04/05/01, final on 04/08/01
    24746/94 Hugh Jordan, judgment of 04/05/01, final on 04/08/01
    30054/96 Kelly and others, judgment of 04/05/01, final on 04/08/01
    43290/98 McShane, judgment of 28/05/02, final on 28/08/02
    29178/95 Finucane, judgment of 01/07/03, final on 01/10/03
    Interim Resolutions ResDH(2005)20 and CM/ResDH(2007)73
    CM/Inf/DH(2006)4 revised 2, CM/Inf/DH(2006)4 Addendum revised 3 and CM/Inf/DH(2008)2

    Decisions

    The Deputies,

    1. took note of the information provided by the United Kingdom authorities, in particular on the report of the Police Ombudsman and the relevant recommendations contained therein, as well as the work carried out so far by the Historical Enquiries Team (HET);

    2. invited the United Kingdom authorities to inform the Committee of Ministers of their response to the report of the Police Ombudsman and the concrete results obtained by the HET and by the Police Ombudsman as regards the progress made in the investigation of historical cases;

    3. decided, in the light of the progress achieved, to close the examination of the issues related to the fact that the inquest proceedings did not commence promptly and were not pursued with reasonable expedition;

    4. recalled Interim Resolution CM/ResDH(2007)73 in which the Committee urged the United Kingdom authorities to take without further delay all necessary investigative steps in these cases in order to achieve concrete and visible progress;

    5. decided to declassify the memorandum CM/Inf/DH(2008)2;

    6. decided to resume examination of these cases at their 1028th meeting (3-5 June 2008) (DH), in the light of information to be provided on individual and outstanding general measures.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.1

    - 1 case against Italy
    39221/98+ Scozzari and others, judgment of 13/07/00 – Grand Chamber – Interim Resolutions ResDH(2001)65 and ResDH(2001)151

    Decisions

    The Deputies,

    1. noted the efforts made by the Italian authorities with respect to the remaining question, namely the resumption of contacts between the applicant and her minor son, and noted the Italian authorities’ undertaking to pursue their commitment in this respect;

    2 welcomed the on-going co-operation between the Belgian and Italian authorities to establish an appropriate framework for the progressive resumption of contacts between the applicant and her minor son on the basis of the relevant decisions of the Italian courts, and encouraged them strongly to continue in this direction on a bilateral basis;

    3. decided to resume the examination of this case at their 1028th meeting (3-5 June 2008) (DH), in the light of a draft final resolution to be prepared by the Secretariat.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.1

    - 1 case against Italy
    37119/97 N.F., judgment of 02/08/01, final on 12/12/01

    Decision

    The Deputies decided to resume consideration of this item at their 1028th meeting (3-5 June 2008) DH), in the light of a draft final resolution to be prepared by the Secretariat.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.1

    - 1 case against Serbia
    39177/05 V.A.M., judgment of 13/03/2007, final on 13/06/2007

    Decisions

    The Deputies,

    1. recalled that the European Court expressly stated in this judgment that the Serbian authorities shall, by appropriate means, enforce the interim access order of 23 July 1999 given the favour of the applicant, the mother of the child, and with particular diligence bring to a conclusion the ongoing custody and divorce proceedings;

    2. noted that the ongoing civil proceedings related to divorce and custody are now concluded at first instance by a judgment which granted custody of the applicant’s child to her father and that it confirmed the access right of the applicant to her child;

    3. noted with concern that, despite the judgment mentioned above, the applicant still has no access to her child and that the interim access order has still not been enforced;

    4. urged the Serbian authorities to ensure that the necessary measures are taken to create a framework favourable to the resumption of contacts between the applicant and her child without delay;

    5. decided to resume consideration of this item at their 1028th meeting (3-5 June 2008) (DH), in the light of information to be provided on individual and general measures.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 2 cases against the Czech Republic
    23499/06 Havelka and others, judgment of 21/06/2007, final on 21/09/2007
    23848/04 Wallovà and Walla, judgment of 26/10/2006, final on 26/03/2007

    Decisions

    The Deputies

    1. recalled that in these cases the European Court found that the placement of the children in public care motivated only by material and economic grounds constituted a disproportionate measure with respect to Article 8 of the Convention;

    2. noted with concern that in the Havelka case the three minor applicants are still in public care and that in the Wallova and Walla case the two youngest children are still with a foster-family;

    3. noted however that the Czech authorities had undertaken concrete steps with a view to restoring the family ties between the applicants and their children and invited the authorities to pursue their efforts in this respect;

    4. also noted that the Czech authorities would soon provide information on the general measures required in these cases;

    5. decided to resume consideration of these items at their 1028th meeting (3-5 June 2008) (DH), in the light of information to be provided on the payment of just satisfaction, if necessary, and at the latest at their 1035th meeting (16-18 September 2008) (DH), in the light of information to be provided on individual and general measures.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 5 cases against Moldova

            - Cases concerning poor conditions of detention and lack of effective remedy in this respect

    9190/03 Becciev, judgment of 04/10/2005, final on 04/01/2006
    12066/02 Ciorap, judgment of 19/06/2007, final on 19/09/2007
    30649/05 Holomiov, judgment of 07/11/2006, final on 07/02/2007
    35207/03 Ostrovar, judgment of 13/09/2005, final on 15/02/2006
    8721/05+ Istratii and others, judgment of 27/03/2007, final on 27/06/2007

    Decisions

    The Deputies,

    1. noted with interest the information provided by the authorities on the closure of the criminal proceedings in the case of Holomiov;

    2. took note of the fact that the applicant in the case of Ciorap is still in detention in the prison No. 13 (former No. 3) of Chişinau and consequently invited the authorities to provide accurate information on his current conditions of detention, and in particular, to indicate how they differ from those incriminated by the Court in its judgment;

    3. as regards the issue of detention conditions, encouraged the Moldovan authorities to continue their efforts fully to comply with the judgments of the European Court, particularly in the light of the relevant recommendations of the CPT;

    4. decided to resume consideration of the Ciorap case at their 1028th meeting (3-5 June 2008) (DH), in the light of further information to be provided by the authorities on the conditions of detention of the applicant in the prison No. 13 of Chişinau (former No. 3);

    5. decided to resume consideration of all these cases at the latest at their 1035th meeting (16-18 September 2008) (DH), in the light of the assessment to be made by the Secretariat regarding general measures.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 2 cases against Moldova
    45701/99 Metropolitan Church of Bessarabia and others, judgment of 13/12/01, final on 27/03/02
    Interim Resolution ResDH(2006)12
    952/03 Biserica Adevărat Ortodoxă din Moldova and others, judgment of 27/02/2007, final on 27/05/2007

    Decisions

    The Deputies, recalling the decision adopted at their 1007th meeting (15-17 October 2007) (DH),

    1. took note with interest of the information provided by the authorities on the implementation of the new law, but found that numerous questions still remain unresolved, in particular, those related to:

        a) the preoccupations of the Committee of Ministers regarding the large number required (100 members) for the registration of a religious denomination,
        b) the measures taken to ensure the progress of implementation of the new system of registration;

    2. took note of the complaints raised by the Metropolitan Church of Besserabia concerning problems with the registration of some of its local entities and the continuation of a negative campaign by the authorities against the Church and its members, despite its registration and the entry into force of the new law;

    3. noted that the information provided by the authorities respond to some of the complaints raised;

    4. urged the Moldovan authorities rapidly to resolve the outstanding problems and to provide details on the remedies available to the applicants as regards their different claims;

    5. decided to resume consideration of these cases at their 1028th meeting (3-5 June 2008) (DH), if appropriate, on the basis of an interim resolution.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 192 cases against Poland

    - 166 cases of length of civil proceedings before civil and labour courts
    Interim Resolution ResDH(2007)28
    (see Appendix for the list of cases in the Podbielski group)

    - 26 cases of length of criminal proceedings - Effective remedy
    Interim Resolution CM/ResDH(2007)28
    30210/96 Kudła, judgment of 26/10/00 - Grand Chamber
    34220/96 A.W., judgment of 24/06/2004, final on 10/11/2004
    28836/04 Abramczyk, judgment of 12/06/2007, final on 12/09/2007
    8174/02 Amurchanian, judgment of 19/06/2007, final on 19/09/2007
    72999/01 Andrzejewski, judgment of 17/10/2006, final on 12/02/2007
    43316/98 B.R., judgment of 16/09/03, final on 16/12/03
    7870/04 Bąk, judgment of 16/01/2007, final on 16/04/2007
    60299/00 Bogacz, judgment of 09/05/2006, final on 09/08/2006
    49035/99 Bzdyra, judgment of 15/11/2005, final on 15/02/2006
    15067/02 Czajka, judgment of 13/02/2007, final on 13/05/2007
    2983/02 Dzierżanowski, judgment of 27/06/2006, final on 27/09/2006
    13893/02 Golik, judgment of 28/11/2006, final on 23/05/2007
    47986/99 Gossa, judgment of 09/01/2007, final on 09/04/2007
    25196/94 Iwánczuk, judgment of 15/11/01, final on 15/02/02
    59738/00 Jagiełło, judgment of 23/01/2007, final on 23/04/2007
    35615/03 Krzych and Gurbierz, judgment of 13/02/2007, final on 09/07/2007
    37443/97 Lisiak, judgment of 05/11/02, final on 05/02/03
    10838/02 Maciej, judgment of 27/02/2007, final on 27/05/2007
    64218/01 Niewiadomski, judgment of 26/09/2006, final on 26/12/2006
    38663/97 Panek, judgment of 08/01/04, final on 08/04/04
    5650/02 Piątkowski, judgment of 17/10/2006, final on 17/01/2007
    66463/01 Pielasa, judgment of 30/01/2007, final on 30/04/2007
    42096/98 Skawińska, judgment of 16/09/03, final on 24/03/04
    6880/02 Stasiów, judgment of 12/12/2006, final on 12/03/2007
    55233/00 Wojda, judgment of 08/11/2005, final on 08/02/2006
    46002/99 Wróbel, judgment of 20/07/2004, final on 15/12/2004
    CM/Inf/DH(2004)31

    Decisions

    The Deputies,

    1. noted with satisfaction the high-level meetings that the Secretariat has had recently with the Polish authorities in Warsaw and the general measures envisaged and/or taken following the adoption of Interim Resolution CM/ResDH(2007)28 of 4 April 2007;

    2. invited the Polish authorities to adopt the reforms announced to reduce the backlog of cases and accelerate judicial proceedings;

    3. noted with interest the draft amendment to the Act of 17/06/2004 introducing a remedy against excessive length of criminal proceedings at pre-trial stage and invited the authorities to adopt it without delay;

    4. decided to resume consideration of these items:
    - at their 1028th meeting (3-5 June 2008) (DH), in the light of further information to be provided on payment of the just satisfaction, if necessary,
    - at the latest at their 1035th meeting (16-18 September 2008) (DH), in the light of information to be provided on additional general measures and on the state of pending proceedings and their acceleration.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 1 case against Romania
    28341/95 Rotaru, judgment of 04/05/00 - Grand Chamber, Interim Resolution ResDH(2005)57

    Decisions

    The Deputies

    1. underlined that the judgment of the European Court in this case became final almost eight years ago and that the Committee of Ministers had several times called upon the Romanian authorities to adopt rapidly the legislative reforms necessary in response to the criticism made by the Court concerning the system of gathering and storing of information by the secret services (see in particular Interim Resolution ResDH(2005)57);

    2. recalled moreover that the Committee of Ministers had repeatedly sought specific and concrete information on the relevant provisions contained in the wide-ranging reforms mentioned by the authorities;

    3. noted in this respect that the information concerning the legislative reform on the national security and a draft “Law on Intelligence, Counter-intelligence and Security”, submitted very recently, needed to be assessed;

    4. noted with interest in this context that bilateral consultations between the Romanian authorities and the Secretariat, in particular concerning the outstanding issues in this case, will take place in March 2008, in Bucharest,

    5. decided consequently to resume consideration of this item at their 1028th meeting (3-5 June 2008) (DH), in the light of the results of these consultations and further information to be provided by the Romanian authorities.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 38 cases against Romania

          - Cases concerning the failure to restore or compensate for nationalised property sold by the state to third parties

    57001/00 Străin and others, judgment of 21/07/2005, final on 30/11/2005
    32494/03 Aslan, judgment of 24/05/2007, final on 24/09/2007
    70639/01 Barbu, judgment of 12/10/2006, final on 12/01/2007
    75261/01 Barcanescu, judgment of 12/10/2006, final on 12/01/2007
    75297/01 Brazda and Malita, judgment of 31/05/2007, final on 31/08/2007
    70890/01 Danulescu, judgment of 12/10/2006, final on 12/01/2007
    2252/02 Davidescu, judgment of 16/11/2006, final on 16/02/2007
    9292/05 Enciu and Lega, judgment of 08/02/2007, final on 08/05/2007
    24959/02 Erbiceanu, judgment of 26/04/2007, final on 26/07/2007
    41857/02 Florescu, judgment of 08/03/2007, final on 08/06/2007
    16891/02 Funke, judgment of 26/04/2007, final on 26/07/2007
    35951/02 Gabriel, judgment of 08/03/2007, final on 08/06/2007
    2608/02 Ionescu Ruxanda, judgment of 12/10/2006, final on 12/01/2007
    11116/02 Ionescu, judgment of 31/05/2007, final on 31/08/2007
    12728/03 Jujescu, judgment of 29/06/2006, final on 29/09/2006
    9862/04 Negoita, judgment of 25/01/2007, final on 25/04/2007
    63252/00 Păduraru, judgment of 01/12/2005, final on 01/03/2006 and of 15/03/2006, final on 24/09/2007, rectified on 31/05/2007

    4738/04 Pais, judgment of 21/12/2006, final on 21/03/2007
    1597/02 Patrichi, judgment of 12/10/2006, final on 12/01/2007
    9405/02 Păun, judgment of 24/05/2007, final on 24/08/2007
    13075/03 Penescu, judgment of 05/10/2006, final on 05/01/2007
    73969/01 Petrescu, judgment of 15/03/2007, final on 15/06/2007
    21397/02 Popescu Dimitrie Dan, judgment of 14/12/2006, final on 14/03/2007
    4596/03 Porteanu, judgment of 16/02/2006, final on 16/05/2006
    38467/03 Rabinovici, judgment of 27/07/2006, final on 27/10/2006
    13309/03 Radu, judgment of 20/07/2006, final on 20/10/2006
    29683/02 Rotaru and Cristian, judgment of 30/11/2006, final on 28/02/2007
    58612/00 Sebastian Taub, judgment of 12/10/2006, final on 12/01/2007
    26449/04 Stroia, judgment of 08/02/2007, final on 08/05/2007
    25603/02 Suciu Arama, judgment of 09/11/2006, final on 09/02/2007
    2122/04 Tarbuc, judgment of 14/12/2006, final on 14/03/2007
    18419/02 Todicescu, judgment of 24/05/2007, final on 24/08/2007
    5691/03 Toganel and Gradinaru, judgment of 29/06/2006, final on 29/09/2006
    77048/01 Tovaru, judgment of 12/10/2006, final on 12/01/2007
    23354/02 Ungureanu, judgment of 09/11/2006, final on 09/02/2007
    23576/04 Vidrascu, judgment of 14/12/2006, final on 14/03/2007
    6350/02 Vlăduţ, judgment of 30/11/2006, final on 28/02/2007
    35303/03 Weigel, judgment of 08/03/2007, final on 08/06/2007

    Decisions

    The Deputies

    1. recalled that the questions raised in these cases concern an important systemic problem, related among other things to the failure to restore or compensate nationalised property sold by the state to third parties, which it is important to remedy as soon as possible to avoid a large number of new, similar violations;

    2. noted that the information provided very recently by the Romanian authorities concerning the compensation mechanism set up in this respect and the measures taken to improve the functioning of the compensation fund Proprietatea still needs to be evaluated;

    3. underlined that information has still to be provided on the issue of compensation for prejudice resulting from the prolonged absence of compensation of persons deprived of their property despite final judgments ordering its return, which is not covered by the current mechanism;

    4. considered that additional information is required and noted with interest in this context that bilateral consultations between the Romanian authorities and the Secretariat, in particular concerning the outstanding issues in these cases, will take place in March 2008, in Bucharest;

    5. decided consequently to resume consideration of these items at their 1028th meeting (3-5 June 2008) (DH), in the light of further information to be provided on payment of the just satisfaction, if necessary, and at the latest at their 1035th meeting (16-18 September 2008) (DH), in the light of the results of the bilateral consultations and further information to be provided by the Romanian authorities, on both individual and general measures.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 1 case against the Russian Federation
    26853/04 Popov, judgment of 13/07/2006, final on 11/12/2006

    Decisions

    The Deputies

    1. recalled that, following the European Court’s judgment, the proceedings at issue had been reopened by the decision of the Supreme Court of 29 September 2007 and that the case had been transferred to the district court of Preobragenskiy in Moscow;

    2. took note of the fact that, on 27 December 2007, this court, as a result of the new trial, had found the applicant guilty while considerably reducing the sentence previously imposed on him, and that accordingly the applicant was released on 11 January 2008;

    3 decided to continue, within the framework of general measures, the examination of issues related to access to medical care in detention and, in this purpose, to join this case to the Kalashnikov group of cases, in which similar problems are raised;

    4. recalled in this respect that the Russian authorities have already provided information on general measures being assessed by the Secretariat and took note of further information provided by the Russian authorities at the meeting;

    5. decided to resume consideration of this item at the latest at their 1035th meeting (16-18 September 2008) (DH), in the light of other information on general measures which may be necessary following the assessment of the Secretariat in the Kalashnikov group of cases.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 1 case against Turkey
    39437/98 Ülke, judgment of 24/01/2006, final on 24/04/2006
    Interim Resolution CM/Res/DH(2007)109

    Decisions

    The Deputies,

    1. recalled Interim Resolution CM/ResDH(2007)109 adopted in October 2007, in which the Committee urged the Turkish authorities “to take without further delay all necessary measures to put an end to the violation of the applicant’s rights under the Convention and to adopt rapidly the legislative reform necessary to prevent similar violations of the Convention”;

    2. noted with concern that, since the adoption of the interim resolution, the applicant’s situation is unchanged and that he is still facing the risk of imprisonment on the basis of a previous conviction;

    3. invited the Turkish authorities rapidly to inform the Committee on the measures taken for the adoption of the draft law prepared to prevent new violations of Article 3 similar to that found in the present case;

    4. decided to resume examination of this item at their 1028th meeting (3-5 June 2008) (DH) in the light of information to be provided on individual and general measures.

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 4 cases against Turkey
    - Cases concerning non-enforcement of court decisions in cases of environmental protection
    1) 46117/99 Taşkın and others, judgment of 10/11/2004, final on 30/03/2005, rectified on 01/02/2005
    2) 46771/99 Öçkan and others, judgment of 28/03/2006, final on 13/09/2006
    3) 17381/02 Lemke, judgment of 05/06/2007, final on 05/09/2007
    4) 36220/97 Okyay Ahmet and others, judgment of 12/07/2005, final on 12/10/2005 - Interim Resolution CM/ResDH(2007)4

    Decisions

    The Deputies, considering the information submitted at the meeting by the Turkish authorities,

    1. invited the authorities, in the cases of Taşkın and others, Öçkan and others and Lemke, to take all necessary individual measures, taking into account:

        - the outcome of the proceedings engaged for the annulment of the new operation permit of the gold mine, and stressing in this context the importance of bringing these pending proceedings to a rapid conclusion,
        - the consequences flowing from the annulment of the urban plan for the area when the gold mine is located;

    2. noted with satisfaction the information submitted in the case of Ahmet Okyay and others that all remaining filter mechanisms are now installed and function properly;

    3. as far as general measures are concerned, noted the information provided by the Turkish authorities regarding the new provision of the Environmental Law which ensures the involvement of persons, such as inhabitants of relevant areas, civil society institutions etc, in the decision-making process on the environmental issues and the recently introduced criminal liability for discharge of hazardous substances, but also noted that the Turkish authorities will consider in cooperation with the Secretariat the necessity of further general measures;

    4. decided to resume consideration of these cases at their 1028th meeting (3-5 June 2008) (DH), in the light of further information to be provided on:

    (a) individual measures, notably in the light of the outcome of the proceedings in annulment of the new permit and the enforcement of the decision of the Izmir Administrative Court annulling the urban plan of the mining area (in the cases of Taşkın and others, Öçkan and others and Lemke);
    (b) additional general measures, in particular to prevent more effectively the non-enforcement of domestic court decisions in the area of environmental law (in all of these cases); and
    (c) the payment of just satisfaction in the case of Öçkan and others, if necessary.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

- 1 case against Turkey

    38187/97 Adalı, judgment of 31/03/2005, final on 12/10/2005

    Decisions

The Deputies,

    1. noted that additional information has recently been provided by the Turkish authorities on the results of the new investigation carried out into the killing of Mr Adali, as well as on certain legal provisions governing the conduct of investigations in such cases, and noting that this information is yet to be assessed;

    2. decided to resume consideration of this item at their 1028th meeting (3-5 June 2008) (DH), in the light of an assessment to be made of the recent information received by the Committee, as well as in the light of additional information to be provided by the Turkish authorities, in particular concerning the dissemination of the judgment of the European Court to relevant authorities.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 1 case against Turkey
    38595/97 Kakoulli, judgment of 22/11/2005, final on 22/02/2006

    Decision

    The Deputies decided to resume consideration of this case at their 1028th meeting (3-5 June 2008) (DH), in the light of further information to be provided by the Turkish authorities on individual and general measures.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 1 case against Ukraine
    34056/02 Gongadze, judgment of 08/11/2005, final on 08/02/2006

    Decisions

    The Deputies,

    1. concerning issues related to the individual measures required:

    a) noted with interest that the stage of closing arguments has been reached in the proceedings regarding the three police officers who allegedly carried out the kidnapping and murder of Mr Gongadze, pending before the Kyiv Court of Appeal;

    b) urged the Ukrainian authorities rapidly to take the measures necessary to accelerate the investigatory proceedings pending since 2001 to identify the people behind the kidnapping and the murder, particularly with regard to the examination of the tape-recordings which might contribute to proving the involvement of others;

    2. concerning issues related to general measures:

    a) recalled the Ukrainian authorities’ commitment to reform the prosecution system in Ukraine and invited them to inform the Committee of measures taken or envisaged in this respect;

    b) urged the Ukrainian authorities to adopt the draft law “On amendments to certain legal acts of Ukraine (on the protection of the right to pre-trial and trial proceedings and enforcement of court decisions within reasonable time)” previously announced before the Committee of Ministers;

    3. decided to resume consideration of this item at their 1028th meeting (3-5 June 2008) (DH) in the light of further information to be provided on the progress of individual and general measures, if necessary, in the light of a draft interim resolution to be prepared by the Secretariat.

    * * *

    1020th DH meeting – 6 March 2008
    Section 4.2

    - 232 cases against Ukraine
    - 232 cases concerning the failure or substantial delay by the administration or state companies in abiding by final domestic judgments
    (See Appendix for the list of cases in the Zhovner group)
    CM/Inf/DH(2007)30 (revised in English only) and CM/Inf/DH(2007)33

    Decisions

    1. adopted Interim Resolution CM/ResDH(2008)1 as it appears in the Volume of Resolutions (see Appendix below) ;

    2. decided to resume consideration of these cases at the latest at their 1035th meeting (16-18 September 2008) (DH).

    * * *

    1020th DH meeting – 6 March 2008
    Section 6.1

    - 1 case against Poland
    31443/96 Broniowski, judgment of 22/06/2004 - Grand Chamber and of 28/09/2005 - Friendly settlement (Article 41) Interim Resolution ResDH(2005)58

    Decisions

    The Deputies,

    1. took note with satisfaction of the information provided by the Polish authorities regarding the full implementation of the new compensation mechanism for claimants concerned by property abandoned in the territories beyond the Bug River;

    2. took note, in this context, of the finding of the Court in two decisions of 4 December 2007 concerning similar cases, according to which:

    - the maximal level of compensation provided for by the new law of 2005 is in conformity with the requirements of the Convention;

    - the procedures for compensation made available to the claimants in question under this law, function efficiently at present;

    3. noted furthermore that on the basis of this finding the Court has begun the process of striking out the clone cases on its list, has already struck out 42 such cases and nothing put into question the continuation of this process;

    4. decided to resume consideration of this item at their 1028th meeting (3-5 June 2008) (DH), in the light of a draft final resolution to be prepared by the Secretariat.

    Appendix

    Section 4.2

    COUNCIL OF EUROPE
    COMMITTEE OF MINISTERS

    Interim Resolution CM/ResDH(2008)11

    Execution of the judgments of the European Court of Human Rights
    in 232 cases against Ukraine relative to the failure or serious delay in abiding by final domestic judicial decisions delivered against the state and its entities as well as the absence of an effective remedy

    (See Appendix for the list of cases in the Zhovner group)

    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 great and steadily increasing number of judgments of the Court finding Ukraine in violation of Article 6, paragraph 1, of the Convention and of Article 1 of Protocol 1 to the Convention on account of the authorities’ failure to comply with or serious delay in abiding by final domestic judicial decisions delivered in the applicants’ favour;

    Having regard to the fact that in several cases the Court also found a violation of Article 13 of the Convention in that the applicants had no domestic remedy whereby they might secured their right to an enforcement of a domestic judgment within a reasonable time as guaranteed by Article 6, paragraph 1, of the Convention;

    Recalling the obligation of every state under Article 46, paragraph 1, of the Convention to abide by the judgments of the Court; this obligation includes the adoption of individual measures, as well as general measures preventing new, similar violations;

    Stressing that the need for such measures is all the more pressing in cases of repetitive violations revealing an important structural problem;

    Recalling in this respect Recommendation Rec(2004)6 of the Committee of Ministers' to member states regarding the need to improve the efficiency of domestic remedies;

    Having invited Ukraine to inform the Committee of Ministers of the measures taken or being taken in the light of these judgments and having examined the information provided by the Ukrainian authorities in this respect (as it appears in Appendix to this interim resolution);

    Individual measures:

    Recalling that according to Article 46 of the Convention, the respondent state has an obligation, beyond the payment of just satisfaction, to adopt under the Committee of Ministers’ supervision individual measures with a view to ensuring that the injured party is put, as far as possible, in the same situation as he/she enjoyed prior to the violation of the Convention (restitutio in integrum);

    Noting that in cases where a violation has been established on account of the failure to enforce a domestic judgement, restitutio in integrum cannot be achieved unless and until this judgment is executed;

    Noting with satisfaction that in the majority of cases the domestic judicial decisions at issue were enforced while the proceedings were pending before the European Court or shortly after its judgment;

    Noting however with concern that in a number of cases, domestic judicial decisions delivered in the applicants’ favour remain unexecuted until now (see Appendix) and stressing that this situation is incompatible with the respondent’s obligation under Article 46 of the Convention to abide by the Court’s judgments;

    General measures:

    1) Measures to remedy the non-enforcement of judgments

    Noting that the extent of the problem concerning the non-execution of domestic judicial decisions in Ukraine and the large number of people affected by it has been acknowledged within the Committee of Ministers from the outset;

    Welcoming the Ukrainian authorities’ approach of taking specific measures pending the adoption of comprehensive legal reforms on sector-by-sector basis,

    Sector-specific measures

    Noting with satisfaction, in particular, the measures taken with a view to finding a global solution in respect of certain categories of persons in the applicants’ position in different problem sectors, thus contributing to eliminating the need to lodge complaints before the Court:

    - debts owed to educational sector employees have been acknowledged and restructured so as to be paid by instalments over a period of 5 years;
    - necessary funds have been foreseen in the State Budget of Ukraine for 2008 to cover the whole amount of the debt owed to the “Atomspetsbud” employees;
    - a number of commissions for the monitoring of salary payments have been established within particular Ministries in charge of the debtor companies to ensure timely payment of salaries and other payments;

    Encouraging the Ukrainian authorities to continue their efforts in further implementing the measures already announced and also to take similar measures in other specific sectors;

    Recalling however that given the gravity and the extent of the systemic problem, these positive developments have to be complemented by other, more comprehensive reforms to ensure full compliance with the Court’s judgments and to prevent new, similar violations of the Convention;

    Legislative measures

    Noting with satisfaction that a number of initiatives have been taken by the Ukrainian authorities at legislative level to resolve the main problems identified by the Court in its judgments, in particular:

    - a draft law to abolish the moratorium on the forced sale of property in companies in which the state holdings exceed 25%;
    - a draft law on the protection of the right to pre-trial and trial proceedings and enforcement of court decisions within reasonable time;;
    - a draft law to amend various legislative acts relating to the enforcement procedure to increase its efficiency.

    Underlining the Convention organs’ consistent position that, while improving enforcement proceedings and/or their particular aspects is important, it is incumbent on the State to execute spontaneously all judicial decisions delivered against public authorities, without compelling the claimants to go through enforcement proceedings, and thus irrespective of the availability of funds;

    Stressing that the lack of proper execution of judicial decisions severely affects the efficiency of State structures, frustrates the citizens’ legitimate expectations and their confidence in the judicial system;

    Noting in this respect that such spontaneous execution continues to be hampered in particular by a number of persistent problems, notably by the lack of a clear and efficient execution procedure for judgments delivered against the State and its entities and by important shortcomings in the legislation governing budgetary procedures;

    Considering further that the prevention of new violations of the Convention may be achieved through setting up domestic remedies against non-execution at the domestic level;

    2) Measures regarding domestic remedies

    Stressing, in view of the urgency of the situation, the need for priority action to improve domestic remedies in order to ensure that the state cannot without consequences delay or refuse to execute final domestic judgements delivered against it, including at least adequately compensating for any delay in execution and possibilities to accelerate pending execution proceedings;

    Welcoming in this respect the draft law providing for domestic remedies against the excessive length of enforcement proceedings, namely a draft law On Amendments to Certain Legal Acts of Ukraine (on the protection of the right to pre-trial and trial proceedings and enforcement of court decisions within reasonable time);

    Deploring however that no progress in adopting of this draft law has been achieved since 2005;

    Recalling also in this respect the Convention organs’ consistent position that the effectiveness of compensatory remedies is contingent of the existence of adequate budgetary provision allowing swift payment of compensation awards;

    Stressing that the need for special budgetary arrangements is all the greater in countries facing a systemic problem of non-enforcement of judicial decisions against the state and its entities;

    Noting in addition that the setting up of a merely compensatory or acceleratory remedy may not suffice to ensure rapid and full compliance with obligations under the Convention, and that further avenues must be explored, e.g. through the combined pressure of various domestic remedies (punitive damages, default interest, adequate possibility of seizure of state assets, etc), provided that their accessibility, sufficiency and effectiveness in practice are convincingly established;

    Noting in this respect that the experience of other states may usefully be taken into account, e.g. as reflected in the Conclusions of the Round Table on “Non-enforcement of domestic courts decisions in member states: general measures to comply with European Court judgments” held on 21-22 June 2007 in Strasbourg;

    Recalling the consistent position of the Convention organs that the setting up of domestic remedies does not relieve states from their general obligation to solve structural problems underlying the violations;

        STRONGLY URGES all Ukrainian authorities concerned to comply without further delay with their obligation under the Convention to enforce those domestic judgments where this has not been done.

        EXPRESSES PARTICULAR CONCERN that notwithstanding a number of legislative and other important initiatives, which have been repeatedly brought to the attention of the Committee of Ministers, little progress has been made so far in resolving the structural problem of non-execution of domestic judicial decisions;

        STRONGLY ENCOURAGES the Ukrainian authorities to enhance their political commitment in order to achieve tangible results and to make it a high political priority to abide by their obligations under the Convention and by the Court’s judgments, to ensure full and timely execution of the domestic courts’ decision;

        CALLS UPON the Ukrainian authorities to set up an effective national policy, coordinated at the highest governmental level, with a view to effectively implementing the package of measures announced and other measures which may be necessary to tackle the problem at issue;

        URGES the Ukrainian authorities to adopt as a matter of priority the draft laws that were announced before the Committee of Ministers, in particular the law On Amendments to Certain Legal Acts of Ukraine (on the protection of the right to pre-trial and trial proceedings and enforcement of court decisions within reasonable time);

        ENCOURAGES the authorities, pending the adoption of the draft laws announced, to consider the adoption of interim measures limiting as far as possible the risk of new violations of the Convention of the same kind, and in particular:

          - to consider the adoption of measures similar to those taken in the education sector in other sectors which raise similar problems;
          - to take measures to ensure effective management and control over state entities and enterprises to avoid debts arising to employees;
          - to ensure in practice the effective liability of civil servants for non-enforcement;
          - to award compensation for delays in enforcement of domestic judicial decisions directly on the basis of the Convention's provisions and the Court’s case-law as provided by the Law on enforcement of judgments and the application of the case-law of the European Court;

        INVITES the Ukrainian authorities to consider, in addition to the measures announced, appropriate solutions in the following areas:

          · to improve budgetary planning, particularly by ensuring compatibility between the budgetary laws and the state’s payment obligations;
          · to ensure the existence of specific mechanisms for rapid additional funding to avoid unnecessary delays in the execution of judicial decisions in case of shortfalls in the initial budgetary appropriations; and
          · to ensure the existence of an effective procedure and funds for the execution of domestic courts’ judgements delivered against the state;

        INVITES the competent Ukrainian authorities to ensure wide dissemination of this Interim Resolution to the government, the parliament and the judiciary;

        DECIDES to resume consideration of the present issues in the context of the Court’s judgments concerned at the latest at the 1035th meeting (16-18 September 2008) (DH).

    Appendix to Interim Resolution CM/ResDH(2008)1

    Information provided by the Ukrainian authorities in the context of the examination by the Committee of Ministers of 232 cases against Ukraine relative to failure or serious delay in abiding by final domestic judicial decisions delivered against the state and its entities as well as the absence of an effective remedy
    (Zhovner group of cases)

    Measures already taken

    Individual measures:

    In the majority of these cases, the domestic judicial decisions, the non-enforcement of which was criticised by the Court, have been executed.

    However, in a number of cases (listed below) the domestic courts’ decisions remain unenforced notwithstanding the violations found in this respect by the Court. Urgent individual measures are therefore required to comply with the Court’s judgements and to put an end to the continuing violations of the Convention.

    27282/03 Sivokoz, judgment of 04/10/2005, final on 04/01/2006
    22219/02 Drobotyuk, judgment of 20/09/2005, final on 20/12/2005
    71186/01 Fuklev, judgment of 07/07/2005, final on 30/11/2005
    15366/03 Chernyayev, judgment of 26/07/2005, final on 30/11/2005
    41073/02 Andrusenko, judgment of 10/08/06, final on 10/11/06
    23390/02 Ishchenko and others, judgment of 08/11/2005, final on 08/02/2006
    10174/02 Khanenko, judgment of 13/12/2005, final on 12/04/2006
    41030/02 Kurshatsova, judgment of 29/11/2005, final on 01/03/2006
    22972/02 Lyutykh, judgment of 13/09/2005, final on 13/12/2005
    9719/02 Pomazanyy and Shevchenko, judgment of 04/04/2006, final on 04/07/2006
    58312/00 Trykhlib, judgment of 20/09/2005, final on 20/12/2005
    39404/02 Mukhin, judgment of 19/10/2006, final on 19/01/2007)
    32166/04 Sarafanov and others, judgement of 14/12/2006, final on 14/03/2007
    27349/03 Kozhanova, judgment of 22/11/2005, final on 22/02/2006
    35765/05+ erevyanko and Beletskiy, judgement of 11 October 2007, final on 11/01/2008
    42478/04 Mirvoda, judgement of 7/12/2007, final 07/03/2007
    25476/02 Pogrebna, judgement 15/02/2007, final 09/07/2007

    General measures:

    A) Measures taken to resolve the problems at the basis of the violations

    The Ukrainian authorities have recognised the existence and the importance of the problem highlighted by these judgments in a number of policy papers containing more global strategies since 2006, in particular:

    - Action Plan for the Improvement of the Judicial System and Ensuring Fair Trial in Ukraine in Line with European Standards (approved by the Decree of the President of Ukraine no. 242/2006 of 20/03/2006);
    - National Action Plan for Ensuring Due Enforcement of Courts Decisions (approved by the Decree of the President of Ukraine by the Decree no. 587/2006 of 27/06/2006.

    A number of measures to remedy the underlying problem have been and are being taken, including legislative initiatives and specific measures to ensure rapid funding in the areas particularly concerned by this problem:

        - the debt owed to educational sector employees have been acknowledged and restructured so as to be paid out by instalments within the period of 5 years;

        - a number of salary payment monitoring commissions has been established within particular Ministries in charge of the debtor companies to ensure timely payment of salaries and other payments;
        - necessary funds have been envisaged in the State Budget of Ukraine for 2008 to cover the whole amount of the debt owed to the “Atomspetsbud” employees;
        - a draft law abolishing the moratorium on the forced sale of property in companies in which the state holdings exceed 25% has been elaborated;
        - a draft law to amend various legislative acts relating to enforcement procedure in order to increase its efficiency has been elaborated.

    The authorities also indicated that prosecutors’ control over proper enforcement of the domestic courts’ judgements has been reinforced. A number of criminal proceedings were initiated against the top management of companies wilfully delaying the payment of salaries or against officials involved in the enforcement procedures.

    The authorities have furthermore ensured regular translation and the publication of all the judgments from Zhovner group. They were translated into Ukrainian and placed on the Ministry of Justice’s official website (www.minjust.gov.ua). The judgments were also published in the official government’s print outlet – Official Herald of Ukraine [Ofitsiynyi Visnyk Ukrayini] as well as in other publications and journals, and thus are easily available to the authorities and to the public.

    B) Legislative measures to introduce a domestic remedy in cases of excessive length of judicial proceedings

    Since 2005 the Ukrainian authorities have informed the Committee about the draft law on Amendments to Certain Legal Acts of Ukraine (on the protection of the right to pre-trial and trial proceedings and enforcement of court decisions within reasonable time), which has been modified on several occasions, to introduce in domestic law an effective remedy with respect to the length of the enforcement proceedings, providing a right to apply for compensation for delays and sanctions against those responsible.

    C) Further measures expected

    In the context of the Execution Assistance programme, the Council of Europe organised on 21-22 June 2007, in Strasbourg, a high-level Round Table which involved representatives of the Council of Europe and the authorities of different states confronted with this issue, to discuss solutions to the structural problems of non-enforcement of domestic court decisions. The constructive exchanges between different participants led to the adoption of Conclusions in which the main problems underlying non-enforcement were identified and a range of possible solutions to be envisaged by the authorities while elaborating their respective action plans were proposed.

    Furthermore, a Memorandum on the non-enforcement of domestic judicial decisions in Ukraine (CM/Inf/DH(2007)30rev) was prepared by the Secretariat to assist the Committee of Ministers and the Ukrainian authorities in reflection on the underlying problems. The Memorandum was issued and declassified at the 997th meeting (June 2007). The Memorandum takes stock of the current situation in each area of concern and points out the issues that remain to be considered with a view to ensuring the Ukraine’s compliance with the European Court’s judgments.

    The Ukrainian government stresses Ukraine’s commitment to abide fully by the European Court’s judgment in this, as indeed in all other cases, and the authorities will intensify their efforts in the adoption of the measures already announced as well as all other measures which may necessary to prevent new similar violations of the Convention.

1 Adopted by the Committee of Ministers on 6 March 2008 at the 1020th meeting of the Ministers’ Deputies.


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