CASE OF BARSKYY AGAINST UKRAINE

Resolution CM/ResDH(2019)149
Execution of the judgment of the European Court of Human Rights
Barskyy against Ukraine
 
(Adopted by the Committee of Ministers on 6 June 2019 at the 1348th meeting of the Ministers' Deputies)
 
Application No.
Case
Judgment of
Final on
62947/16
BARSKYY
28/09/2017
28/09/2017
 
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 violation established on account of excessive length of pre-trial detention (violation of Article 5 of the Convention);
 
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 noted the information provided regarding the payment of the just satisfaction awarded by the Court;
 
Considering that the question of individual measures has been resolved, given that the applicant is no longer detained on remand;
 
Recalling that the question of the general measures required in response to the shortcomings found by the Court in this case as regards the excessive length of pre-trial detention continues to be examined within the framework of the Ignatov/Chanyev/Korneychuk group of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required in this group;
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as regards the individual measures and
 
DECIDES to close the examination of this case.

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