in the Council of Europe told about the case group “Ivanov”
The Committee of Ministers of the Council of Europe is currently monitoring the implementation of 635 judgments of the European Court of Human Rights in cases brought by Ukrainian citizens.
This was stated by the Director General of the Directorate for Rights and Supremacy of the Council of Europe Christos Giacomopoulos during a moderated discussion in Kyiv on resolving the decisions of the European Court of Human Rights, Ukrinform correspondent reports.
“Currently, the Committee of Ministers has 635 cases under its control, ie decisions of the European Court of Human Rights, which are implemented by the Committee of Ministers of the Council of Europe. Of these decisions, 450 are clone cases, because they all deal with the same problem, “Giacomopoulos said.
He added that some of the decisions of the European Court of Human Rights concern certain individual problems that can be more or less easily solved, and some require active current authorities of Ukraine.
With regard to the so-called clone cases, Giacomopoulos found that the largest group of them, non-compliance with court decisions.
“This is a group of cases that we call ‘Ivanov’ because it was the name of the ECtHR’s pilot decision (‘Yuri Ivanov v. Ukraine’ – ed.). They concern Ukrainian decisions made by Ukrainian courts and then not enforced, ”he explained.
Other groups of similar cases are used in conditions of detention or duration in Ukrainian courts, the assessment of the Director General of the Directorate for Human Rights and the Rule of Law.
Commenting on the decision of the European Court of Human Rights in general, he said that if the court’s decision resulted in a decision of the European Court that the rights had indeed been violated, he issued a decision which, in particular, creates a legal obligation to restore the destroyed rights. This includes compensation for damage and may require specific action.
“For example, if a person has been convicted of violating the provisions of the European Convention on Human Rights, this decision may require the state to remand the case. Or if a person’s property has been improperly confiscated, it may be mandatory to return it, “Giacomopoulos said.
He also argued that when the ECtHR reached the European Commission’s decisions in breach of the Convention, the Court required the State to take certain general measures to avoid changing such violations, such as adopting new or judicial approaches or certain ones in the country.
“This is a complex process because the ECtHR does not have the authority to show exactly what general measures should be taken,” the CEO said.
As it turned out, the pilot decision of the European Court of Human Rights in the case of Yuri Ivanov v. Ukraine was in 2009. The Court recognized in Ukraine a systemic problem with the enforcement of court decisions and the application of “pilot decision” procedures, by analogy with which the Court issued about 6,000 decisions.
The member states of the Council of Europe are bound by the decisions of the European Court of Human Rights in accordance with Article 46 of the European Convention on Human Rights.
The Committee of Ministers reviews the decisions on the basis of information provided by the relevant national authorities, non-governmental organizations and other parties.