Ministers’ Deputies
Information documents

CM/Inf/DH(2006)43 Addendum 4 December 20061
———————————————

Execution of judgments by the Russian Federation:
Delays in reporting the measures taken

Addendum to the Memorandum prepared by the Department for the execution of the European Court’s judgments (Application of Article 46 of the ECHR)

———————————————

Introduction

1. Following the examination of this issue at the 976th meeting, the Secretariat was informed that the situation was being considered by various domestic authorities at appropriate level and the necessary solutions to this problem were being sought.

2. Since the 976th DH meeting, the requested information on the individual and the general measures as well as the actions plans were provided in certain cases as indicated in the appended table. Information regarding other cases pointed out in the Memorandum CM/InfMDH(2006)43 is awaited.

3. In this context, the Russian authorities may also wish to consider a more general issue of a special mechanism for coordination between domestic institutions and bodies involved in the execution process with a view to speedily implementing the Court’s judgments. Given the constantly increasing number of the judgments delivered against the Russian Federation, the setting up of such a domestic mechanism would appear timely and appropriate.

List of cases where the information requested (including action plans)
has been provided by the Russian authorities since 976th meeting (17-18 October 2006)

Date of the final judgment

Case

Brief description of the violations found

Information received

30/11/2005

Fadeyeva (55723/00)

Non-respect of the positive obligation to protect the private life and home of the applicant living in a sanitary zone around a plant polluting the environment above maximum legal level (Art. 8)

Action plan regarding individual and general measures

20/01/2006

Romanov (63993/00)

Authorities’ failure to secure the applicant’s attendance to the hearings (Art. 6§1 and §3 c).

Information on general measures

25/01/2006

Fedotov (5140/02)

Unsatisfactory conditions of the applicant’s detention at the police station amounting to inhuman treatment (Art. 3) and failure to conduct effective investigation in this respect (Art. 3); authorities’ denial of the applicant’s enforceable right to compensation for unlawful arrest (Art. 5§5)

Information on general measures

18/02/2005

Wasserman (15021/02)

Cases concerning non enforcement of domestic judicial decisions2

Information on whether the domestic judgment of 30/07/99 as amended on 15/02/01 in the applicant’s favour was enforced

20/01/2006

Shvedov (69306/01)

Information on whether the domestic judgment of 15/03/1999 in the applicant’s favour was enforced

09/05/2006

Bogdanov (3504/02)

Information on whether the domestic judgment of 14/09/1998 in the applicant’s favour was enforced

13/01/2006

Gerasimova (24669/02)

Information on whether the domestic judgment of 4/09/1995 was fully enforced

08/03/2006

Mikryukov (7363/04)

Information on whether the domestic judgment of 19/12/2001 in the applicant’s favour was enforced

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.
Note 2 General measures are being examined in the context of the Timofeyev judgment.


 Top

 

  Related Documents
 
   Meetings
 
   Other documents