Volume of decisions

Ministers’ Deputies

Decisions

CM/Del/Dec(2016)1265 22 September 2016

1265^th meeting (DH), 20-21 September 2016

Decisions adopted

CONTENTS

Page

List of those present .............................................................................................................................. 4

A. General questions

A.1 Adoption of the Order of Business..................................................................................................... 7

A.2 Preparation of next meeting .............................................................................................................. 7

B. Classification of new judgments.......................................................................................................... 7

C. Examination of cases proposed for the present meeting – Proposal from the Chair............................... 8

D. Supervision of the payment of just satisfaction.................................................................................. 40

E. Action plans...................................................................................................................................... 41

F. Adoption of final resolutions.............................................................................................................. 43

Item 4.1a - Framework Convention for the Protection of National Minorities –

Election of an expert to the list of experts eligible to serve on the Advisory Committee –

Candidates in respect of Albania............................................................................................................ 50

Item 4.1b - Framework Convention for the Protection of National Minorities –

Election of an expert to the list of experts eligible to serve on the Advisory Committee –

Candidates in respect of Norway............................................................................................................ 50

Item 4.1c - Framework Convention for the Protection of National Minorities –

Election of an expert to the list of experts eligible to serve on the Advisory Committee –

Candidates in respect of Serbia............................................................................................................. 50

APPENDICES:

- Appendix 1: Cases already listed for detailed examination at future DH meetings by decisions

of the Committee........................................................................................................... 51

- Appendix 2: (CM/Del/OT(2016)1265-app2) List of all the cases for which an action plan / action report

has been presented to the Committee since the last meeting

- Appendix 3: Indicative list of cases for the 1273rd meeting (December 2016) (DH)............................... 54

- Appendix 4: List of cases in which the just satisfaction has been paid since the last meeting

Appendix 5 Resolution CM/ResCMN(2016)12

(item 4.1a) Framework Convention for the Protection of National Minorities –

Election of an expert to the list of experts eligible to serve on the Advisory Committee

in respect of Albania...................................................................................................... 57

Appendix 6 Resolution CM/ResCMN(2016)13

(item 4.1b) Framework Convention for the Protection of National Minorities –

Election of an expert to the list of experts eligible to serve on the Advisory Committee

in respect of Norway...................................................................................................... 58

Appendix 7 Resolution CM/ResCMN(2016)14

(item 4.1c) Framework Convention for the Protection of National Minorities –

Election of an expert to the list of experts eligible to serve on the Advisory Committee

in respect of Serbia....................................................................................................... 59

The 1265^th meeting of the Ministers’ Deputies opened on 20 September 2016 at 10.00 a.m. under the chairmanship of Ms T. Constantinidou, Deputy for the Minister for Foreign Affairs of Cyprus. Certain points were examined under the chairmanship of Ms K. Kivi, Deputy for the Minister for Foreign Affairs of Estonia (in red, the experts invited from the capitals).

PRESENT

ALBANIA

Ms A. Hobdari

Ms A. Kasa

Ms A. Doko

Ms E. Sadushaj

Ms A. Hicka

ANDORRA

Ms M.E. Rabasa Grau

Mr J. Forner Rovira

ARMENIA

Mr P. Hovhannisyan

Mr A. Khachatryan

AUSTRIA

Mr R. Lennkh

Mr M. Reichard

AZERBAIJAN

Mr E. Eyyubov

Mr E. Hasanov

BELGIUM

Mr G. Heyvaert

Mr M. Creffier

BOSNIA AND HERZEGOVINA

Ms S. Radjo

Mr S. Kragulj

BULGARIA

Ms K. Todorova

Ms J. Parparova

CROATIA

Mr M. Papa

Ms A. Vrkljan Sučić

CYPRUS

Ms T. Constantinidou

Mr M. Karagiorgis

Ms I. Demosthenous

Lord Lester of Herne Hill QC

Mr N. Kyriacou

CZECH REPUBLIC

Mr E. Ruffer

Mr M. Bouček

DENMARK

Mr A. de Fine Skibsted

Mr T. Sand Kirk

ESTONIA

Ms K. Kivi

Ms K. Juhasoo-Lawrence

FINLAND

Ms V.R. Laukkanen

FRANCE

Mr J.-F. Goujon-Fischer

GEORGIA

Ms M. Maisaia

Mr M. Sulaberidze

Mr. B. Dzamashvili

GERMANY

Ms V. Wolf

GREECE

Mr S. Perrakis

Mr V. Vikas

Mr T. Zafeirakos

Mr G. Skemperis

Ms O. Patsopoulou

HUNGARY

Mr G. Kocsis

ICELAND

Ms S. Ágústsdóttir

IRELAND

Mr K. McBean

Mr F. Power

Ms A. Foley

Ms C. Nevin

ITALY

Mr P. Vaira

Ms P. Accardo

LATVIA

Mr I. Pundurs

Ms S. Kauliņa

Mr E. Rubīns

LIECHTENSTEIN

Mr D. Ospelt

LITHUANIA

Mr A. Tumėnas

Ms R. Kunigelytė

LUXEMBOURG

Ms C. Goy

Ms R. Spoto

MALTA

Mr J. Filletti

Ms T. Carabott

Mr M.A. Abela

REPUBLIC OF MOLDOVA

Ms C. Călugăru

Ms C. Burian

Ms I. Botnari

MONACO

Mr R. Mortier

MONTENEGRO

Ms B. Krunić

Ms A. Radusinović

NETHERLANDS

Mr O. Elderenbosch

Ms S. De Groot

NORWAY

Mr Å. Eriksen

Mr Y.O. Hvoslef

POLAND

Ms M. Kaczmarska

Ms A. Kropczyńska

Mr S. Kurek

PORTUGAL

Mr J.M. Cabral

Ms M. Caldas Faria

Mr E. Pedrosa

ROMANIA

Ms A.-L. Rusu

Ms I. Popa

RUSSIAN FEDERATION

Mr V. Egorov

Ms M. Molodtsova

Mr S. Kovpak

Mr M. Tokarev

Ms K. Rogozyanskaya

Ms N. Zyabkina

Mr P. Ulturgashev

Mr I. Yarovoy

Mr S. Kuzmenkov

SAN MARINO

Mr G. Bellatti Ceccoli

SERBIA

Mr Z. Popović

Mr I. Vučinić

Mr D. Ninkov

SLOVAK REPUBLIC

Mr D. Štefánek

Mr T. Grünwald

Ms M. Pirošiková

Ms K. Čahojová

SLOVENIA

Mr H. Hartman

Ms I. Vogrinčič

Mr R. Golobinek

SPAIN

Mr L. Tarin Martin

SWEDEN

Ms K. Flarup

SWITZERLAND

Mr C. Tutumlu

“THE FORMER YUGOSLAV

REPUBLIC OF MACEDONIA”

Mr P. Pop-Arsov

Ms O. Vasilevska

Mr I. Kadriu

TURKEY

Mr E. Işcan

Mr C. Öztas

Ms M. Yilmaz Öskiper

Mr M.T. Çiçek

Ms M.U. Gültekin

Mr M.Z. Uzun

Ms B.B. Soydan

UKRAINE

Mr D. Kuleba

Mr M. Kononenko

Mr I. Lishchyna

Ms A. Migalchan

UNITED KINGDOM

Ms E. Hourigan

* *

EUROPEAN UNION

Ms B. Glasenhardt

Item A1

Adoption of the Order of Business

Decision

The Deputies adopted the Order of Business.

Item A.2

Preparation of the next Human Rights meeting (1273^rd meeting, December 2016)

CM/Del/OT(2016)1273-prel, CM/Bur/Del(2016)1264

Decision

The Deputies approved the preliminary draft Order of Business for the 1273^rd meeting (December 2016) (DH) as it appears at Appendix 3 to the present volume of Decisions.

Item B

Classification of new judgments

Decisions

The Deputies

1. decided to examine the following judgments under the standard procedure (list of cases - see CM/Del/Dec(2016)1265/B1-add1);

2. decided to examine the following judgments under the enhanced procedure (list of cases – see CM/Del/Dec(2016)1265/B1-add2);

3. agreed to revert to the question of classification of the case of Mozer v. the Russian Federation[1] at a future meeting;

4. agreed to revert to the question of classification of the case of Navalnyy and Ofitserov v. the Russian Federation at the 1273^rd meeting (December 2016) (DH).

C. Examination of cases proposed for the present meeting – Proposal from the Chair

Please note that the notes for the cases below can be consulted on-line through the links on each reference number and decisions.

Case	State	Application	Judgment final on	Violation	Action required	Link to the last decision
CAKA GROUP CM/Notes/1265/H46-1	ALBANIA	44023/02	08/03/2010	unfair criminal proceedings.	To assess the information provided by the Albanian authorities and to identify the outstanding questions. To examine the proposal to adopt a final resolution in two cases.	1193^rd meeting (March 2014) CM/Del/OJ/DH(2014)1193/2
DYBEKU GROUP CM/Notes/1265/H46-2	ALBANIA	41153/06	02/06/2008	unlawful detention and poor conditions of detention; failure to comply with interim measures indicated by the Court.	To examine the proposal to adopt a final resolution.	1208^th meeting (September 2014) CM/Del/OJ/DH(2014)1208/1
ILGAR MAMMADOV CM/Notes/1265/H46-3	AZERBAIJAN	15172/13	13/10/2014	arrest and pre-trial detention to punish the applicant for having criticised the government, in breach of Article 18 taken in conjunction with Article 5.	To assess the current situation.	1259^th meeting (June 2016) CM/Del/Dec(2016)1259/H46-3
NAMAT ALIYEV GROUP CM/Notes/1265/H46-4	AZERBAIJAN	18705/06	08/07/2010	various irregularities in the context of the 2005 and 2010 parliamentary elections and lack of safeguards against arbitrariness.	To follow up the decision adopted at the 1243^rd meeting.	1243^rd meeting (December 2015) CM/Del/Dec(2015)1243/H46-2
TRABELSI CM/Notes/1265/H46-5	BELGIUM	140/10	16/02/2015	extradition in 2013 of the applicant from Belgium to the United States, where he risks an irreducible life sentence; failure to comply with the Court’s interim measure.	To follow up the decision adopted at the 1259^th meeting.	1259^th meeting (June 2016) CM/Del/Dec(2016)1259/H46-7
VASILESCU CM/Notes/1265/H46-6	BELGIUM	64682/12	20/04/2015	structural problem concerning prison overcrowding and conditions of detention.	To assess the action plan submitted by the authorities on 07/07/2016.	First examination
ĐOKIĆ MAGO AND OTHERS CM/Notes/1265/H46-7	BOSNIA AND HERZEGOVINA	6518/04 12959/05	04/10/2010 24/09/2012	inability for members of the former Yugoslav People's Army (“YPA”) to repossess their pre-war apartments in the aftermath of the war in Bosnia and Herzegovina.	To assess the information provided by the authorities of Bosnia and Herzegovina and to identify the outstanding questions.	First examination
NACHOVA AND OTHERS GROUP CM/Notes/1265/H46-8	BULGARIA	43577/98+	06/07/2005	excessive use of firearms by police officers during arrests; ineffective investigations.	To identify the outstanding questions in the Nachova case. To examine the proposal to adopt a final resolution in the other cases.	1157^th meeting (December 2012) CM/Del/Dec(2012)1157/7
UNITED MACEDONIAN ORGANISATION ILINDEN AND OTHERS GROUP CM/Notes/1265/H46-9	BULGARIA	59491/00	19/04/2006	unjustified refusals of the courts to register an association aiming at achieving "the recognition of the Macedonian minority in Bulgaria".	To assess the latest refusals to register the applicant association and one similar organisation, as well as the additional measures currently implemented by the authorities.	1214^th meeting (December 2014) CM/Del/OJ/DH(2014)1214/5
VELIKOVA GROUP CM/Notes/1265/H46-10	BULGARIA	41488/98	04/10/2000	excessive use of force by members of the law enforcement agencies; ineffective investigations.	To assess the progress achieved and to identify the outstanding issues.	1164^th meeting (March 2013) CM/Del/Dec(2013)1164/7

Case	State	Application	Judgment final on	Violation	Action required	Link to the last decision
STATILEO CM/Notes/1265/H46-11	CROATIA	12027/10	10/10/2014	statutory limitations on use of property by landlords, including through the rent control scheme for flats subject to protected leases.	To assess the information provided by the Croatian authorities and to identify the outstanding questions.	First examination
ALIEV CM/Notes/1265/H46-12	GEORGIA	522/04	13/04/2009	Poor conditions of detention.	To assess the action plan submitted by the authorities.	First examination
S.D. GROUP CM/Notes/1265/H46-13	GREECE	53541/07	11/09/2009	unlawful detention of asylum seekers and migrants pending execution of deportation orders.	To assess the information provided by the Greek authorities. To examine the proposal to transfer this group in the standard procedure.	First examination
VALLIANATOS AND OTHERS CM/Notes/1265/H46-14	GREECE	29381/09+	07/11/2013	discrimination against same-sex couples excluded from the scope of the law establishing civil unions.	To examine the proposal to adopt a final resolution.	First examination
COSTA AND PAVAN CM/Notes/1265/H46-15	ITALY	54270/10	11/02/2013	inconsistency in the Italian legal system in the field of medically-assisted procreation.	To assess the action report presented by the authorities on 15/06/2016. To examine the proposal to adopt a final resolution.	First examination
SHARIFI AND OTHERS CM/Notes/1265/H46-16	ITALY [2]	16643/09	21/01/2015	collective expulsion of asylum seekers to Greece.	To assess the revised action plan submitted by the authorities on 13/07/2016.	First examination

Case	State	Application	Judgment final on	Violation	Action required	Link to the last decision
SUSO MUSA GROUP CM/Notes/1265/H46-17	MALTA	42337/12	09/12/2013	problems related to detention pending asylum and deportation proceedings.	To assess the action report submitted and to examine the proposal to adopt a final resolution.	1214^th meeting (December 2014) CM/Del/OJ/DH(2014)1214/12
CIORAP, BECCIEV AND PALADI GROUPS CM/Notes/1265/H46-18	REPUBLIC OF MOLDOVA	12066/02 9190/03 39806/05	19/09/2007 04/01/2006 10/03/2009	poor conditions of detention, including lack of access to adequate medical care and lack of an effective remedy.	To take stock of the measures taken and to identify the outstanding questions in the light of the revised action plan presented by the authorities on 01/07/2016.	1186^th meeting (December 2013) CM/Del/OJ/DH(2013)1186/12
AL NASHIRI GROUP CM/Notes/1265/H46-19	POLAND	28761/11	16/02/2015	violations related to secret rendition operations by the CIA.	To follow up the decision adopted at the 1259^th meeting; examination of the urgent individual measures.	1259^th meeting (June 2016) CM/Del/Dec(2016)1259/H46-21
KAPRYKOWSKI GROUP CM/Notes/1265/H46-20	POLAND	23052/05	03/05/2009	poor conditions of detention mainly due to lack of adequate medical care.	To assess the information provided in the action report. To examine the proposal to adopt a final resolution.	1164^th meeting (March 2013) CM/Del/Dec(2013)1164/18
CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CÂMPEANU CM/Notes/1265/H46-21	ROMANIA	47848/08	17/07/2014	deficiencies in the legal protection and medical and social care afforded to a young man with mental disabilities leading to his death in 2004.	To assess the revised action plan submitted by the authorities on 07/07/2016.	First examination

Case	State	Application	Judgment final on	Violation	Action required	Link to the last decision
PARASCINETI CRISTIAN TEODORESCU GROUP CM/Notes/1265/H46-22	ROMANIA	32060/05 22883/05	13/06/2012 19/09/2012	issues related to the procedure and safeguards, living conditions and care afforded to patients detained in psychiatric hospitals.	To assess the progress achieved and identify the outstanding issues. To examine the proposal to transfer this group to the enhanced procedure.	First examination
FINOGENOV AND OTHERS CM/Notes/1265/H46-23	RUSSIAN FEDERATION	18299/03+	04/06/2012	loss of life and injuries caused during a mass hostage-rescue operation at the “Nord-Ost” theatre in Moscow and lack of effective investigation.	To take stock of the measures taken and to identify the outstanding questions.	First examination
KLYAKHIN GROUP CM/Notes/1265/H46-24	RUSSIAN FEDERATION	46082/99	06/06/2005	various problems relating to pre-trial detention.	To follow up the decision adopted at the 1259th meeting (examination of the outstanding individual measures).	1259^th meeting (June 2016) CM/Del/Dec(2016)1259/H46-28
ZORICA JOVANOVIĆ CM/Notes/1265/H46-25	SERBIA	21794/08	09/09/2013	failure to provide information as to the fate of new-born babies alleged to have died in maternity wards.	To urge the authorities to bring the legislative process to an end without further delay.	1250^th meeting (March 2016) CM/Del/Dec(2016)1250/H46-23
EL-MASRI CM/Notes/1265/H46-26	“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”	39630/09	13/12/2012	violations related to a “secret rendition” operation by the CIA.	To urge the authorities to provide information on the outstanding issues.	1243^rd meeting (December 2015) CM/Del/Dec(2015)1243/H46-19
BATI AND OTHERS GROUP CM/Notes/1265/H46-27	TURKEY	33097/96	03/09/2004	ill-treatment by the police and the gendarmerie; ineffective investigations.	To follow up the decision adopted at the 1243rd meeting.	1243^rd meeting (December 2015) CM/Del/Dec(2015)1243/H46-23

Case	State	Application	Judgment final on	Violation	Action required	Link to the last decision
CYPRUS v. TURKEY CM/Notes/1265/H46-28	TURKEY	25781/94	10/05/2001 12/05/2014	14 violations in relation to the situation in the northern part of Cyprus.	To continue the debate on the cluster of property rights of enclaved persons, in accordance with the decision adopted at the 1243rd meeting (December 2015).	1236^th meeting (September 2015) CM/Del/Dec(2015)1236/21
INCAL GROUP GÖZEL AND ÖZER GROUP CM/Notes/1265/H46-29	TURKEY	22678/93 43453/04	09/06/1998 06/10/2010	unjustified interferences with freedom of expression, owing notably to criminal convictions.	To follow up the decision adopted at the 1230^th meeting.	1230^th meeting (June 2015) CM/Del/Dec(2015)1230/22
VARNAVA AND OTHERS CM/Notes/1265/H46-30	TURKEY	16064/90+	18/09/2009	lack of effective investigation into the fate of nine Greek Cypriots who disappeared during the military operations undertaken by Turkey in Cyprus in 1974.	To continue the debate on the payment of the just satisfaction.	1259^th meeting (June 2016) CM/Del/Dec(2016)1259/H46-37
XENIDES-ARESTIS GROUP CM/Notes/1265/H46-31	TURKEY	46347/99	22/03/2006 23/05/2007	continuous denial of access to property in the northern part of Cyprus.	To continue the debate on the payment of the just satisfaction.	1259^th meeting (June 2016) CM/Del/Dec(2016)1259/H46-37
KAVERZIN, AFANASYEV GROUP, KARABET AND OTHERS, BELOUSOV CM/Notes/1265/H46-32	UKRAINE	23893/03 38722/02 38906/07 4494/07	15/08/2012 05/07/2005 17/04/2013 07/02/2014	ill-treatment / torture by police and lack of effective investigation.	To take stock of the measures taken and to identify the outstanding questions.	1201^st meeting (June 2014) CM/Del/OJ/DH(2014)1201/24
KHARCHENKO CHANYEV KORNEYKOVA CM/Notes/1265/H46-33	UKRAINE	40107/02 46193/13 39884/05	10/05/2011 09/01/2015 19/04/2012	unlawful arrests and unlawful and lengthy detention on remand.	To take stock of the measures taken and to identify the outstanding questions.	1164^th meeting (March 2013) CM/Del/Dec(2013)1164/33
YURIY NIKOLAYEVICH IVANOV + ZHOVNER GROUP CM/Notes/1265/H46-34	UKRAINE	40450/04 56848/00	15/01/2010 29/09/2004	Non-enforcement of domestic court decisions against the State or State owned enterprises.	To follow up the decision adopted at the 1259th meeting.	1259^th meeting (June 2016) CM/Del/Dec(2016)1259/H46-41

Item H46-1

Caka Group v. Albania (Application No. 44023/02)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)828, DH-DD(2015)489, DH-DD(2014)132, CM/Del/OJ/DH(2014)1193/2, more information on the website of the Execution Department

Decisions

The Deputies

1. noted with satisfaction the individual measures taken in these cases, in particular that all the applicants have had an effective possibility to obtain reopening of the impugned proceedings and that, for those applicants who requested it, guarantees were given that the new proceedings either had been or would be conducted in accordance with the requirements of Article 6 of the Convention and that, pending these proceedings, the applicants could request release; considered accordingly that no further individual measures are required in this group of cases;

2. welcomed the general measures taken to prevent ill-treatment and the use of incriminating statements obtained as a result of such treatment and to address the issues concerning the lack of access to a lawyer in police custody, procedures for identification of suspects and access to the Constitutional Court; considered that the cases concerning only these aspects can be closed, namely Laska and Lika, and Kaçiu and Kotorri;

3. encouraged the authorities rapidly to finalise the ongoing reform of the judicial system to prevent further violations concerning the lack of guarantees surrounding criminal proceedings in absentia, the right to defend oneself in court and the appearance of witnesses; decided to continue their supervision of these measures in the cases of Caka, Cani and Izet Haxhia, and to close the similar cases Berhani and Shkalla;

4. consequently, adopted Final Resolution CM/ResDH(2016)272, and, for the cases remaining under the Committee’s supervision, invited the authorities to provide information on progress with the adoption of general measures in relation to the outstanding issues.

Final Resolution CM/ResDH(2016)272
Execution of the judgments of the European Court of Human Rights

Four cases against Albania

Application	Case	Judgment of	Final on
12315/04	LASKA AND LIKA	20/04/2010	20/07/2010
33192/07+	KAÇIU AND KOTORRI	25/06/2013	09/12/2013
847/05	BERHANI	27/05/2010	04/10/2010
26866/05	SHKALLA	10/05/2011	10/08/2011

(Adopted by the Committee of Ministers on 21 September 2016

at the 1265^th meeting of the Ministers’ Deputies)

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 judgments transmitted by the Court to the Committee in these cases and to the violations of Article 6, paragraph 1 and 3 and of Article 3 of the Convention on account of the unfairness and excessive length of criminal proceedings, and ill-treatment during interrogation by the police;

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 noted that the just satisfaction has been paid by the government of the respondent State and that the impugned proceedings at issue in these cases were reopened;

Noting with satisfaction the numerous amendments to the Code of Criminal Procedure defining principles concerning the identification of suspects, access to a lawyer from the first moment of arrest or detention, the rights of the accused during interrogation and the prohibition of the use of statements obtained in violation of these rights, as well as general measures adopted to prevent ill-treatment of detainees;

Noting also with satisfaction the wide-ranging awareness measures adopted to ensure that the relevant legal provisions are properly implemented in practice, including as regards the access to the Constitutional Court, in line with the requirements of Articles 3 and 6 of the Convention;

Noting finally that the general measures required in response to the other aspects of the violations of Article 6 the Convention established in some of these cases, namely concerning criminal proceedings in absentia, appearance of witnesses and excessive length of proceedings, continue to be examined in the Caka group of cases and in the Luli group,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in the cases listed above and

DECIDES to close the examination thereof.

Item H46-2

H46-2 Dybeku and Grori v. Albania (Applications Nos. 41153/06 and 25336/04)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)739, DH-DD(2015)768, DH-DD(2014)974, CM/Del/OJ/DH(2014)1208/1

Decision

The Deputies adopted Final Resolution CM/ResDH(2016)273 as it appears below.

Final Resolution CM/ResDH(2016)273
Execution of the judgments of the European Court of Human Rights

Two cases against Albania

Application No.	Case	Judgment of	Final on
41153/06	DYBEKU	18/12/2007	02/06/2008
25336/04	GRORI	07/07/2009	07/10/2009

(Adopted by the Committee of Ministers on 21 September 2016
at the 1265^th meeting of the Ministers’ Deputies)

Having regard to the final judgments transmitted by the Court to the Committee in the above-mentioned cases and to the violations it found of Articles 3, 5 § 1 and 34;

- 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 examined the action report provided by the government indicating the measures adopted in order to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2016)739);

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.

Item H46-3

Ilgar Mammadov v. Azerbaijan (Application No. 15172/13)

Supervision of the execution of the European Court’s judgments

CM/ResDH(2016)144, CM/ResDH(2015)156, CM/ResDH(2015)43, CM/ResDH(2015)156, CM/ResDH(2015)43,

DH-DD(2016)938, DH-DD(2016)705, DH-DD(2016)687, DH-DD(2016)261, DH-DD(2016)259, DH-DD(2016)243,

DH-DD(2016)121, DH-DD(2015)1329, DH-DD(2015)1279, DH-DD(2015)1278, DH-DD(2015)1178, DH-DD(2015)1112, DH-DD(2015)1090, DH-DD(2015)859, DH-DD(2015)844, DH-DD(2015)780, DH-DD(2015)778, DH-DD(2015)769,

DH-DD(2015)566, DH-DD(2015)525, DH-DD(2015)264, DH-DD(2015)158, DH-DD(2015)152, DH-DD(2014)1450, SG/Inf(2015)37, AP195(2015), CM/Del/Dec(2016)1259/H46-3

Decisions

The Deputies

1. deeply deploring that Ilgar Mammadov is still imprisoned notwithstanding the Court’s findings as regards the fundamental shortcomings in the criminal proceedings against him; underlining that his continuing detention fails entirely to satisfy the obligation under Article 46 § 1 of the Convention;

2. recalled once again the commitment freely undertaken by Azerbaijan under Article 46 § 1 of the Convention to comply with the judgments of the European Court, as well as the requirement for each member State to comply with its obligations under Article 3 of the Statute of the Council of Europe;

3. expressed their grave concern about the continuing silence of the Azerbaijan authorities as regards the implementation of the individual measures required;

4. noted further that the applicant’s appeal against conviction is still pending before the Supreme Court; underlined the urgent need for the appeal to be examined rapidly and urged the Azerbaijan authorities to specify the relevant time-table;

5. finally, expressed their deepest concern about the absence of any information from the authorities concerning the general measures taken or envisaged to prevent violations of the rule of law through abuse of power of the kind established in the Court’s judgment.

Item H46-4

Namat Aliyev group v. Azerbaijan (Application No. 18705/06)

Supervision of the execution of the European Court’s judgments

CM/Inf/DH(2015)27, CDL-AD(2008)011, Resolution 1917 (2013), Doc. 13923, Doc. 13084, DH-DD(2015)406,

DH-DD(2015)334, DH-DD(2015)179, DH-DD(2015)148, DH-DD(2014)873, DH-DD(2014)277-rev,

DH-DD(2013)1306, DH-DD(2013)822, DH-DD(2013)821, DH-DD(2012)260, CM/Del/Dec(2015)1243/H46-2

Decisions

The Deputies

1. deeply regretted the silence of the Azerbaijan authorities concerning the measures required to ensure the review of the regularity of elections in conformity with the Convention and to prevent any arbitrariness, and expressed their concern as to the further execution process in this group of cases;

2. recalled, once again, the opportunities for dialogue offered by the Council of Europe in the framework of its cooperation activities in electoral matters, regretted that they are not sufficiently used by the authorities and invited them to make full use of them in the future;

3. insisted that the authorities resume cooperation with the Committee and the Secretariat in this group of cases and that they provide the expected information without further delay, including information related to the violations of the right of individual petition and to the Seyidzade judgment, joined to this group of cases;

4. decided to resume consideration of this group of cases at their DH meeting in March 2017.

Item H46-5

Trabelsi v. Belgium (Application No. 140/10)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)955, DH-DD(2016)638, DH-DD(2016)192, DH-DD(2015)1267, DH-DD(2015)1119, CM/Del/Dec(2016)1259/H46-7

Decisions

The Deputies

1. recalling that the Court considered that Belgium, by extraditing the applicant to the United States, had exposed him to the risk of being sentenced to an irreducible life sentence, which would amount to treatment contrary to Article 3 of the Convention;

2. noted that the possibility of obtaining the necessary guarantees against such a sentence is stronger while the criminal proceedings against the applicant in the United States are at an early stage;

3. noted with satisfaction the information provided by Belgium at the meeting concerning the state of the criminal proceedings and the positive progress of the discussions with the United States authorities with a view to preventing the risk of the applicant's being sentenced to an irreducible life sentence;

4. invited the Belgian authorities to follow closely the ongoing criminal proceedings and to continue to keep the Committee regularly informed of the developments;

5. decided to resume consideration of the individual measures at their DH meeting in June 2017 at the latest.

Item H46-6

Vasilescu v .Belgium (Application No. 64682/12)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)827

Decisions

The Deputies

1. recalled that the violations found by the Court result from problems which are structural in nature in Belgium, of overcrowding, lack of hygiene and dilapidation in prisons;

2. noted that the applicant's detention has ended, the just satisfaction awarded by the Court has been paid and that no further individual measure is required in this case;

3. noted with interest the comprehensive measures taken or envisaged by the Belgian authorities, aimed both at reducing the prison population and renovating the prison infrastructure with a view to, in particular, implementing an appropriate penological policy; in this respect invited the authorities to pursue determined action rapidly to achieve concrete results while drawing from all the relevant recommendations of the Council of Europe, including those of the Committee for the Prevention of Torture (CPT), and to keep the Committee informed on a regular basis;

4. regarding the decrease in prison overcrowding, noted the information provided and, so as to be able fully to assess the progress achieved, invited the authorities to provide updated information on current prison capacity and current levels of occupation;

5. concerning the problems of lack of hygiene and dilapidation, while taking note of the measures indicated by the Belgian authorities, invited them to specify, with regard to Antwerp Prison, what steps they plan to implement to address the findings of the Court and to avoid repetitive violations pending the opening of the new prison;

6. invited the authorities to continue keeping the Committee informed of any development aimed at demonstrating the effectiveness of the preventive remedy with respect to complaints concerning problems of overcrowding, lack of hygiene and dilapidation in prisons.

Item H46-7

Đokić and Mago and others v. Bosnia and Herzegovina (Applications Nos. 6518/04 and 12959/05)

Supervision of the execution of the European Court’s judgments

DH-DD(2014)93, DH-DD(2013)1229, DH-DD(2011)259, DH-DD(2011)957

Decisions

The Deputies

1. noted with interest that the authorities have prepared draft legislative amendments with a view to putting in place a scheme to compensate eligible beneficiaries in the light of the European Court’s findings in its recent decisions;

2. noted however that the amounts of compensation envisaged in the scheme do not appear to comply with the findings of the European Court in a number of cases as well as with the findings of the Constitutional Court of Bosnia and Herzegovina;

3. strongly encouraged therefore the authorities to take the necessary measures to ensure that the amounts of compensation envisaged in the draft legislative amendments are aligned with the European Court’s indications and invited the authorities to keep the Committee of Ministers informed on the progress achieved in this regard.

Item H46-8

Nachova and others group v. Bulgaria (Application No. 43577/98)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)846, DH-DD(2016)845, CM/Del/Dec(2012)1157/7

Decisions

The Deputies

1. noted that no further individual measures are required in this group of cases;

2. adopted Final Resolution CM/ResDH(2016)274 in the cases Tzekov, Karandja, Vasil Sashov Petrov, Vlaevi, Dimov and others and Filipovi relating to the use of firearms by the police;

3. decided to continue examining the shortcomings of the legal framework governing the use of firearms by the military police in the context of the Nachova case;

4. noted with interest in this respect that the authorities have prepared a bill aimed at bringing the regulations concerning the use of firearms by the military police in line with the Convention, urged them to adopt rapidly the necessary legislative measures and to inform the Committee of the progress achieved by 31/12/2016.

Final Resolution CM/ResDH(2016)274
Execution of the judgments of the European Court of Human Rights
Six cases against Bulgaria

Application No.	Case	Judgment of	Final on
272/05+	VLAEVI	02/09/2010	02/12/2010
69180/01	KARANDJA	07/10/2010	07/01/2011
45500/99	TZEKOV	23/02/2006	23/05/2006
63106/00	PETROV VASIL SASHOV	10/06/2010	10/09/2010
30086/05	DIMOV AND OTHERS	06/11/2012	06/02/2013
24867/04	FILIPOVI	04/12/2012	29/04/2013

(Adopted by the Committee of Ministers on 21 September 2016
at the 1265^th meeting of the Ministers’ Deputies)

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established;

- 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 examined the action report provided by the government indicating the measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2016)846);

Having noted that the outstanding questions concerning regulations governing the use of firearms by the military police is being examined in the framework of the Nachova case;

Having noted that the outstanding questions relating to the effectiveness of the investigations concerning death or ill-treatment which occurred under the responsibility of the law-enforcement agencies are being examined in the framework of the Velikova group;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.

Item H46-9

United Macedonian Organisation Ilinden and others group v. Bulgaria (Application No. 59491/00)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)364, CM/Del/OJ/DH(2014)1214/5

Decisions

The Deputies

1. noted with concern that the new refusals to register United Macedonian Organisation Ilinden and one similar association, which became final in 2015, are still at least partially based on grounds already criticised by the European Court;

2. in this context, welcomed the adoption by the Bulgarian Parliament of a legislative reform which aims to put in place a simplified administrative procedure for the registration of associations;

3. in order to allow an in-depth assessment of this new legal framework, invited the authorities to provide the relevant provisions as well as additional information on their implementation; noting in this respect that the entry into force of the new mechanism is foreseen only on 01/01/2018, invited the authorities to submit to the Committee further information concerning this time-frame;

4. invited further the authorities to ensure the examination, within the new mechanism, of any future request for registration by the applicant association in full compliance with the requirements of Article 11 of the Convention;

5. given the importance of achieving tangible results in this group, decided to resume the examination of these cases at their 1273^rd meeting (December 2016) (DH).

Item H46-10

Velikova group v. Bulgaria (Application No41488/98)

Supervision of the execution of the European Court’s judgments

CM/ResDH(2007)107, DH-DD(2016)847, DH-DD(2014)1202, DH-DD(2014)1411, DH-DD(2014)233, CM/Del/Dec(2013)1164/7

Decisions

The Deputies

1. noted that no further individual measures are possible in 22 cases in which the Prosecutor’s Office or the courts have established the expiry of the statute of limitations or of the time-limit for re-opening the proceedings under specific circumstances, the destruction of the criminal file or the impossibility of identifying the author of the ill-treatment;^{^[3]} invited the authorities to provide further information in the cases Dimitrov and Others, Vachkovi, Anguelova, Petkov and Parnarov, Mihaylova and Malinova, Gutsanovi, Govedarski, Stoykov, Slavov and Others, Boris Kostadinov andMyumyun;

2. noted with interest the action plan submitted following the public declaration of the Committee for the Prevention of Torture (CPT) of March 2015 and the Sofia Round Table of July 2015 and called upon the authorities rapidly to implement all the measures envisaged to combat ill-treatment by the security forces;

3. noted moreover with interest the adoption in October 2015 of an internal order reinforcing the procedural safeguards in prisons and detention centres and invited the authorities to consolidate this important step forward by codifying these rules in a public and binding instrument; invited them also to improve rapidly the implementation of procedural safeguards during the 24 hours of police detention and the related supervising mechanisms of the Prosecutor’s Office;

4. called upon the authorities to improve the effectiveness of investigations; invited them, in particular, to adopt measures to secure the independence of preliminary investigations carried out before the official opening of criminal proceedings; create an obligation on police officers from special units to display anonymous means of identification; and modify legislation so as to guarantee that criminal investigations cannot be closed for reasons related to their length alone;

5. in this context, also invited the authorities to adopt specific criminal provisions penalising acts of torture; invited them to inform the Committee of the results of their analysis concerning the measures necessary to prevent violations of Articles 3 and 13 related to the psychological effects of arrest and the absence of effective compensatory remedies;

6. invited the authorities to submit information on the progress achieved in all these areas before 01/03/2017 and decided to resume the examination of these cases at their DH meeting in September 2017, on the basis of a detailed assessment prepared by the Secretariat.

Item H46-11

Statileo v. Croatia (Application No. 12027/10)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)823, DH-DD(2015)658

Decisions

The Deputies

1. recalled that the European Court in the present case indicated under Article 46 that that the problem underlying the violation concerned shortcomings in the legislation itself, namely the inadequate level of protected rent, restrictive conditions for the termination of protected leases and the absence of any temporal limitation to the protected lease scheme;

2. recalled further that the European Court considered that the respondent State “should take appropriate legislative and/or other general measures to secure a rather delicate balance between the interests of landlords, including their entitlement to derive profit from their property, and the general interest of the community – including the availability of sufficient accommodation for the less-well-off” (§ 165 of the judgment);

3. invited the authorities to provide the latest text of the draft legislative amendments so that an assessment can be made in the light of the Court’s findings in this case;

4. noting that the judgment in the present case became final almost two years ago, strongly encouraged the authorities to intensify their efforts with a view to finding a global solution to the problem it revealed;

5. decided to resume examination of this item at their meeting in March 2017 (DH) at the latest in the light of the information to be provided by the authorities.

Item H46-12

Aliev v. Georgia (Application No. 522/04)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)898

Decisions

The Deputies

1. noted the action plan provided by the authorities in this case;

Individual measures

2. noted that since the applicant is no longer detained and the just satisfaction for non-pecuniary damage has been paid, no other individual measure is necessary to remedy the substantive violation of Article 3;

3. noted also that a new investigation has been initiated and that the Georgian authorities have undertaken to provide information in this regard by the end of November 2016; strongly invited the authorities to respect that deadline and to ensure that they make an assessment and inform the Committee of Ministers of what can be still done, what can no longer be done for practical or legal reasons, what means are deployed to overcome existing obstacles and what concrete results are expected to be achieved and within what time-limit;

General measures

4. concerning the conditions of detention, recalled their Final Resolution CM/ResDH(2014)209 adopted in the Ghavtadze group against Georgia on the basis of measures taken after the facts of this case and welcomed the commitment of the Georgian authorities to continue their cooperation with the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT);

5. concerning effective investigations, recalled that they are examined in Gharibashvili group of cases.

Item H46-13

S.D. group v. Greece (Application No. 53541/07)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)826

Decisions

The Deputies

1. welcomed the legislative measures taken, as well as the domestic courts’ case law on the lawfulness of the detention of asylum seekers and irregular migrants, in line with the European Court’s case law;

2. in view of the legislative changes concerning the administrative detention of asylum seekers and irregular migrants and the European Court’s case law in this connection, considered that the necessary measures in response to the violations of Article 5 § 1 have been taken and decided to close their supervision of this issue;

3. invited the authorities to provide further information on the domestic court’s case law concerning the examination of the lawfulness of the detention of asylum seekers and irregular migrants;

4. pending the submission of the above information, decided to transfer the cases to standard procedure.

Item H46-14

Vallianatos and others v. Greece (Application No. 29381/09)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)333

Decision

The Deputies, in the light of the measures taken by the Greek authorities, decided to terminate the supervision of the present case and adopted Final Resolution CM/ResDH(2016)275.

Final Resolution CM/ResDH(2016)275
Execution of the judgment of the European Court of Human Rights

Vallianatos and Others against Greece

Application	Case	Judgment of	Final on
29381/09	VALLIANATOS AND OTHERS	07/11/2013	07/11/2013

(Adopted by the Committee of Ministers on 21 September 2016
at the 1265^th meeting of the Ministers’ Deputies)

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation established;

- 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 examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2016)333);

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Item H46-15

Costa and Pavan (Application No 54270/10)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)768, DH-DD(2015)569, DH-DD(2015)192, DH-DD(2014)1154, DH-DD(2014)960, DH-DD(2014)834,

DH-DD(2014)321, DH-DD(2014)291, DH-DD(2014)167

Decision

The Deputies adopted Final Resolution CM/ResDH(2016)276, as it appears below.

Final Resolution CM/ResDH(2016)276
Execution of the judgment of the European Court of Human Rights

Costa and Pavan against Italy

Application No.	Case	Judgment of	Final on
54270/10	COSTA AND PAVAN	28/08/2012	11/02/2013

(Adopted by the Committee of Ministers on 21 September 2016
at the 1265^th meeting of the Ministers’ Deputies)

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of Article 8 of the Convention established because of the impossibility for the applicants, healthy carriers of a serious genetic disease, to have access to medically assisted procreation with pre‑implantation genetic diagnosis despite the fact that Italian law permits medical termination of pregnancy when a foetus has the same disease;

- 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 examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2016)768);

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Item H46-16

Sharifi and others v. Italy[4] (Application No. 16643/09)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)831, DH-DD(2015)808

Decisions

The Deputies

1. encouraged the Italian authorities to provide additional information on the steps taken to clarify the current situation of Mr Karimi, Mr Zaidi and Mr Azimi, who were not granted international protection in Italy;

2. took note with interest of the measures adopted by the Italian authorities to ensure that migrants arriving in the Adriatic ports have effective access to international protection procedures in Italy; noted in this respect that there is still some uncertainty as to the effectiveness of these measures and invited the authorities to provide the Committee with information on the current organisation and functioning of the reception system in these ports and on the financial and human resources allocated thereto;

3. took note also of the assurances provided by the Italian authorities according to which the readmission agreement concluded between Italy and Greece is now being applied within the limits foreseen in its article 6 and in keeping with the requirements of the Convention; noted, however, that the available information relates to 2012-2013 and invited the authorities to provide the Committee with clarifications on the current procedure being followed from the arrival of these persons, on how their effective access to the services provided by NGOs in the Adriatic ports is assured, and on the time‑frames and arrangements for sending them back;

4. finally, whilst noting the significant reduction in the numbers returned to Greece reported by the authorities, considered that statistical clarifications are necessary in order to be able fully to evaluate the extent of the same; consequently invited the Italian authorities to provide this information and, in any event, to confirm that they have stopped transferring persons to Greece who seek international protection in Italy.

Item H46-17

Suso Musa group v. Malta (Application No. 42337/12)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)778, DH-DD(2015)707, DH-DD(2015)384, DH-DD(2014)1144, DH-DD(2014)832, DH-DD(2011)963, CM/Del/OJ/DH(2014)1214/12

Decision

The Deputies adopted Final Resolution CM/ResDH(2016)277 closing the supervision of the Suso Musa group of cases with the exception of Abdi Mahamud which will be proposed for closure as soon as the just satisfaction has been paid.

Final Resolution CM/ResDH(2016)277
Execution of the judgments of the European Court of Human Rights

Five cases against Malta

Application	Case	Judgment of	Final on
42337/12	SUSO MUSA	23/07/2013	09/12/2013
55352/12	ADEN AHMED	23/07/2013	09/12/2013
24340/08	LOULED MASSOUD	27/07/2010	27/10/2010
52160/13	MOXAMED ISMAACIIL AND ABDIRAHMAN WARSAME	12/01/2016	12/04/2016
10290/13	MAHAMED JAMA	26/11/2015	02/05/2016

(Adopted by the Committee of Ministers on 21 September 2016
at the 1265^th meeting of the Ministers’ Deputies)

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established;

- 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;

Noting, as concerns individual measures, that all the applicants were released from detention whilst their applications were pending before the European Court and that the just satisfaction awarded by the Court has been paid;

Welcoming, as concerns the general measures, the comprehensive legislative and policy changes undertaken in this domain, putting an end to the automatic detention of asylum seekers and improving review proceedings and detention conditions;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.

Item H46-18

Ciorap, Becciev and Paladi groups v. the Republic of Moldova (Applications Nos. 12066/02, 9190/03, 39806/05)

Supervision of the execution of the European Court’s judgments

CPT/Inf (2016) 16, DH-DD(2016)897, DH-DD(2013)1168, CM/Del/OJ/DH(2013)1186/12

Decisions

The Deputies

1. took note with interest of the updated action plan presented by the Moldovan authorities in July 2016;

As regards individual measures

2. as regards poor conditions of detention and lack of medical care, noted that the applicants in 20 cases had been released or transferred to serve their sentences in another country; and considered that no further individual measures are required in these cases;

3. invited the authorities to provide information on the current situation of the applicants in the Segheti, Silvestru and Mescereacov cases;

4. as regards other violations, noted the measures adopted by the Moldovan authorities and invited them to submit information on the outstanding issues in the cases of I.D., Mitrofan and Holomiov;

As regards general measures

5. noted the measures taken by the authorities to improve the material conditions in penitentiary institutions and invited them to intensify their efforts in this field;

6. considered with concern the increase in prison overcrowding in recent years and strongly urged the authorities to adopt, as a matter of priority, a comprehensive strategy drawing full inspiration from the relevant recommendations of the Committee of Ministers and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) as well as expert opinion from the project funded by the Human Rights Trust Fund (HRTF);

7. noted the information provided with respect to the creation of judicial remedies with preventive and compensatory effects, as required by the judgment in the Shishanov case, and invited the authorities rapidly to provide the Committee with the text of the relevant draft legislation for detailed assessment;

8. invited the authorities to provide information on the outstanding issues, notably on further improvements to material conditions of detention, including the construction of a new prison in Chișinău, provision of food to detainees, sanitary conditions, out-of-cell activities, placement of persons in police detention facilities beyond the statutory 72 hours, medical care, censorship of correspondence, family visits and questions related to the finding of a violation of Article 34;

9. strongly encouraged the authorities to take full advantage of the technical assistance which the Council of Europe can provide through its various cooperation projects.

Item H46-19

Al Nashiri group v. Poland (Application No. 28761/11)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)1007, DH-DD(2016)957, DH-DD(2016)942, DH-DD(2016)834, DH-DD(2016)627, DH-DD(2016)191, DH-DD(2015)1300, DH-DD(2015)1250, DH-DD(2015)839, DH-DD(2015)586, DH-DD(2015)585, DH-DD(2015)515, CM/AS(2008)Rec1801, Rec(2005)10, Resolution 1562(2007) of Parliamentary Assembly, Resolution 1507(2006) of Parliamentary Assembly, CDL(2007)082 updated in 2015 (CDL‑AD(2015)006), CDL-AD(2006)009,

DH-DD(2015)585, DH-DD(2015)586, relevant documents from the European Parliament^{^[5]}, relevant documents from the United Nations^{^[6]}, United States Senate, OSCE report 2014 “Human Rights Situation of Detainees at Guantanámo”, CM/Del/Dec(2016)1259/H46-21

Decisions

The Deputies

1. noted with satisfaction that a new request for assurances that Mr Al Nashiri would not be subjected to the death penalty and that neither applicant would be exposed to a flagrant denial of justice was sent from the Secretary of State of the Chancellery of the President of the Republic of Poland to the Deputy Secretary of State of the United States of America;

2. considering that this is a fourth request for diplomatic assurances and the second one at a high political level, reiterated that further action by the Polish authorities is crucial to follow it up, aimed at convincing the United States authorities to provide the requested assurances, including raising the issue at the highest political levels;

3. repeated its strong support for such a request, calling on the Secretary General and representatives of the member States of the Council of Europe to continue to raise the issue of diplomatic assurances for both applicants in their contacts with the United States authorities;

4. recalling that the European Court found that Mr Abu Zubaydah’s indefinite detention without trial amounted to a flagrant denial of justice, noted with interest the information that his request for release is being reviewed by the United States authorities for the first time since 2007, with the potential to provide redress in this respect;

5. strongly encouraged the Polish authorities proactively to follow up on the current situation of the applicants and invited them to keep the Committee fully informed of any developments, both concerning the proceedings in the United States and the request for diplomatic assurances;

6. decided to resume consideration of individual and general measures in these cases at their 1273^rd meeting (December 2016) (DH).

Item H46-20

Kaprykowski group v. Poland (Application No. 23052/05)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)986, DH-DD(2016)790, CM/Del/Dec(2013)1164/18

Decision

The Deputies adopted Final Resolution CM/ResDH(2016)278 in the Kaprykowski group of cases.

Final Resolution CM/ResDH(2016)278
Execution of the judgments of the European Court of Human Rights

Nine cases against Poland

Application No.	Case	Judgment of	Final on
23052/05	KAPRYKOWSKI	03/02/2009	03/05/2009
45705/07	D.G.	12/02/2013	12/05/2013
2627/09	KUPCZAK	25/01/2011	20/06/2011
28300/06	MUSIAŁ SŁAWOMIR	20/01/2009	05/06/2009
32798/02	MUSIALEK AND BACZYNSKI	26/07/2011	26/10/2011
15952/09	ROKOSZ	27/07/2010	27/10/2010
44369/02	WENERSKI	20/01/2009	20/04/2009
48/03	WIERZBICKI ANDRZEJ	19/01/2010	19/04/2010

(Adopted by the Committee of Ministers on 21 September 2016
at the 1265^th meeting of the Ministers’ Deputies)

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established;

- 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;

Noting that all the applicants have been released, except Mr Wenerski, who is held in conditions appropriate to his state of health;

Welcoming the measures taken to improve access to health care in prisons and remand centres, including regulation of access to health care outside prison, in particular for specialist services, imposition of higher standards for the quality and availability of equipment and health care in prison and extensive training and awareness-raising measures;

Noting further the preventive and compensatory remedies available to inmates detained in circumstances amounting to ill-treatment, including through lack of adequate health care;

Welcoming the authorities’ plans to monitor the situation and continue their reforms to improve access to health care and the functioning of the domestic remedies;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.

Item H46-21

Centre for legal resources on behalf of Valentin Câmpeanu v. Romania
(Application No. 47848/08)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)941, DH-DD(2016)830, DH-DD(2015)162

Decisions

The Deputies

As regards the individual measures

1. invited the authorities to clarify whether it is still possible to reopen the investigation into the death of Mr. Câmpeanu as regards the facts alleged against state services and persons other than medical personnel involved in his care prior to his death and, if so, to keep the Committee informed of the outcome of the investigation;

As regards the general measures

2. while taking note of the measures adopted since 2004 to improve the situation in the Poiana Mare neuropsychiatric hospital, invited the authorities to increase the medical staff and to ensure the budgetary stability of this facility and also to explain how they have remedied the critical deficiencies in the management of patients’ nutritional needs;

3. having regard to the serious shortcomings in the decision-making process regarding Mr. Câmpeanu’s placement after he had attained majority, invited the authorities to ensure that the legal framework in this field guarantees that such decisions fully take into account the specific needs of the protected person and to inform the Committee of their assessment and of any measures envisaged in the light of this assessment;

4. welcoming the measures adopted by the General Prosecutor’s office to guarantee the effectiveness of investigations, invited the authorities to provide information on the measures envisaged to guarantee an effective judicial review of such investigations;

5. invited the authorities to provide information on remedies allowing persons in institutions to complain before the courts or before other independent bodies about their treatment;

6. given the importance of ensuring that persons with mental disabilities benefit from independent and effective legal protection, tailored to their specific needs, invited the authorities to provide the Committee with updated information on the progress made in the adoption of the general measures required by the end of December 2016; decided to resume the consideration of this issue at their DH meeting in March 2017.

Item H46-22

Parascineti group v. Romania (Application No. 32060/05) and group Cristian Teodorescu (Application No. 22883/05)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)866, DH-DD(2016)829, DH-DD(2013)358

Decisions

The Deputies

As regards the living conditions of patients in psychiatric hospital facilities and their treatment

1. noted that the problems highlighted in the case of Parascineti appear to persist in some facilities and invited the authorities to inform the Committee of Ministers of the concrete measures envisaged to resolve them;

2. underlining the key role that they could play in monitoring the implementation of these measures, welcomed the establishment of a national preventive mechanism and of a council responsible for monitoring the implementation of the United Nations Convention on the Rights of Persons with Disabilities,and encouraged the authorities to ensure that the latter becomes operational rapidly;

As regards involuntary placements in psychiatric hospital facilities

3. welcomed the fact that the law now provides for an ex officio review by the courts of an involuntary placement decision; invited the authorities to introduce such a review also in respect of decisions to renew this measure, to ensure that the applicable legal provisions comply with the requirements of Article 5 § 4 of the Convention;

4. noting with concern that the problems highlighted by the Court persist, invited the authorities to provide information on the concrete measures envisaged to ensure the rigorous and consistent application of the legal procedure and safeguards for involuntary placement in all the facilities authorised to proceed with such placements; given the scale and the need rapidly to resolve these problems, decided to pursue the examination of the cases in the Cristian Teodorescu group under the enhanced surveillance procedure;

5. lastly, invited the authorities to provide the Committee with information on the measures taken or envisaged in response to the violation of Article 8 of the Convention found by the European Court in the case of Atudorei.

Item H46-23

Finogenov and others v. the Russian Federation (Application No. 18299/03)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)899, DH-DD(2014)344, DH-DD(2013)553, DH-DD(2013)173

Decisions

The Deputies

1. noted with interest the information provided by the Russian authorities on the measures taken in response to the present judgment, including the additional information of August 2016, as well as the information on the payment of the just satisfaction awarded by the European Court;

2. concerning individual measures, noted however with regret that the investigating authorities’ decision, taken after the European Court’s judgment, not to open a criminal investigation due to the previous domestic decision taken in this context, which had been criticised by the European Court, does not appear to give effect to the Court’s judgment in this part;

3. having regard to the nature of the shortcomings identified by the Court, in particular as regards the destruction of evidence, and taking also into account the lapse of time which has occurred since the events at issue, invited the Russian authorities to assess and inform the Committee in detail what investigatory steps can still be taken, what investigatory steps can no longer be taken for practical or legal reasons, what means are deployed to overcome existing obstacles, and what concrete results are expected to be achieved;

4. concerning general measures, welcomed the legislative, regulatory and operational measures taken by the Russian authorities with a view to ensure the saving of the lives of, and provision of medical assistance to, persons in emergency situations in the context of rescue activities related to counter-terrorist operations;

5. invited the Russian authorities to provide additional information on the practical implementation of the measures adopted, including on how all possible scenarios which could arise after a mass rescue operation are planned for, and effectively communicated to, and coordinated among, all the relevant services.

Item H46-24

Klyakhin group v. the Russian Federation (Application No. 46082/99)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)985, DH-DD(2016)984, DH-DD(2016)871, DH-DD(2015)1171, CM/Del/Dec(2016)1259/H46-28

Decisions

The Deputies

1. with regard to the general measures, recalled once again with satisfaction the progress achieved in remedying certain aspects of the structural problems relating to the use of pre-trial detention examined in this group of cases (see notably the Final Resolution CM/ResDH(2015)249 adopted in December 2015);

2. with regard to the individual measures, recalled with satisfaction that in most of the cases no further individual measures are necessary, while questions pertaining to individual measures remain outstanding in only two cases: Khodorkovskiy and Lebedev (as regards the violation of Article 1 of Protocol No. 1) and Pichugin (as regards the violations of Article 6);

3. noted the information submitted by the Russian authorities, in which they stated that, in the light of the European Court’s judgments, the proceedings were reopened by the Supreme Court in the case of Pichugin and the case of Khodorkovskiy and Lebedev, as a result of which the Supreme Court quashed as unlawful the impugned decisions on pre-trial detention in respect of Mr. Pichugin and Mr. Lebedev, recalculated the duration of the penalties of Mr. Khodorkovskiy and Mr. Lebedev and absolved them of serving the remainder of their sentences, and held, in the light of the European Court’s findings and the concrete circumstances of the cases, that:

- in the Khodorkovskiy and Lebedev case, the violations identified by the European Court did not reach such a severity as to cast doubts on the fairness of the whole proceedings, or the lawfulness, validity and fairness of the delivered sentences, including as regards the impugned civil award of damages against the first applicant in this case;

- in the Pichugin case, there were no grounds to conclude that the examination of the applicant’s criminal case in camera violated the fair balance to be struck between the interests of the applicant and the requirements of the proper administration of justice, and that the lack of a proper and effective possibility to challenge the statements of a witness did not influence the outcome of the proceedings and did not affect the legality, validity or fairness of the sentence;

4. noted, however, with concern that the information provided by the Russian authorities in these two cases (see DH-DD(2016)871) does not demonstrate that necessary progress has been achieved with regard to the issue of redress for the violations of the right to a fair and public trial in the Pichugin case and the maintenance in force of the impugned award of damages made against the first applicant in the Khodorkovskiy and Lebedev case and therefore called upon the authorities to provide rapidly information on the availability of other avenues for redress;

5. as regards the just satisfaction awarded, noted that the sums awarded had been paid to Mr. Pichugin in full in accordance with the bank details provided by him, and invited the Russian authorities to provide information as to whether the subsequent “sequestration”/withdrawal of the sums from the applicant’s bank account was made on the initiative of a State authority to secure payment of any debt to the State, and also the Secretariat to explore avenues to receive additional information from the applicant as to the ground of the withdrawal and to share any information received with the Russian authorities; and, in the Khodorkovskiy and Lebedev case, invited the authorities to provide information as to whether the seizure of the just satisfaction awarded to Mr. Khodorkovskiy was made partially to recover the debt due under the impugned award and, if so, which measures are envisaged to remedy the situation;

6. decided to resume consideration of the cases of Pichugin and Khodorkovskiy and Lebedev at the latest at their DH meeting in March 2017.

Item H46-25

Zorica Jovanović v. Serbia (Application No. 21794/08)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)963, DH-DD(2016)824, DH-DD(2016)254, DH-DD(2016)219, DH-DD(2016)170, DH-DD(2015)1378, DH-DD(2015)1255, DH-DD(2015)396, DH-DD(2015)68, CM/Del/Dec(2016)1250/H46-23

Decisions

The Deputies

1. recalled that, in view of the significant number of potential applicants, the European Court requested the Serbian authorities to take all appropriate measures, within one year of the date on which the judgment became final (i.e. before 9 September 2014 at the latest), preferably by means of a lex specialis, to secure the establishment of a mechanism aimed at providing individual redress to all parents in a situation such as, or sufficiently similar to, the applicant’s; recalled further that the European Court indicated that this mechanism should be supervised by an independent body, with adequate powers and should be capable of providing credible answers regarding the fate of each child and of affording adequate compensation as appropriate;

2. in view of the time that has elapsed since this deadline expired, stressed that it is crucial that the legislative process necessary for the execution of this judgment is brought to an end and that the outstanding issues identified by the Committee at its 1250^th meeting are addressed without further delay;

3. strongly urged the authorities to intensify their efforts with a view to adopting the revised draft law as a matter of utmost priority and, in that context, to continue to engage with the Secretariat in order to ensure that the law addresses the outstanding issues identified by the Committee, including that of the powers to be vested in the civil courts and the special police unit and the procedure for declassification of medical information, as well as the concerns of parents of “missing babies” and civil society;

4. in case no tangible progress is reported in the adoption of the law necessary to execute this judgment, instructed the Secretariat to prepare and circulate a draft interim resolution for their 1273^rd meeting (December 2016) (DH).

Item H46-26

El-Masri v. “the former Yugoslav Republic of Macedonia” (Application No. 39630/09)

Supervision of the execution of the European Court’s judgments

DH-DD(2015)1219, DH-DD(2015)241, CM/AS(2008)Rec1801, Rec(2005)10, Parliamentary Assembly Resolution 1562 (2007), Parliamentary Assembly Resolution 1507(2006), CDL‑AD(2015)006, CDL-AD(2006)009,
DH-DD(2015)582, United States Senate, relevant documents from the European Parliament;^{^[7]} relevant documents from the United Nations.^{^[8]}, CM/Del/Dec(2015)1243/H46-19

Decisions

The Deputies

1. recalled that the European Court in the present case found that the applicant’s secret rendition gave rise to a number of violations of his Convention rights, including his treatment contrary to Article 3 and the lack of an effective investigation in this respect;

2. noted with profound regret that the authorities of the respondent State have so far provided no information on the outstanding issues in response to the Committee’s decision of December 2015, while recalling that the judgment in the present case became final in December 2012;

3. bearing in mind that the authorities of the respondent State intend to set up an ad hoc commission to establish the relevant facts and responsibility of the individuals involved, firmly urged them to accelerate the setting-up of this ad hoc commission and provide an indicative timetable for this as well as information on how its members would be appointed to ensure its independence, impartiality and capacity to carry out an effective investigation into the facts of the present case;

4. as regards general measures, firmly urged the authorities to provide information on the outstanding questions identified by the Committee of Ministers at its 1243^rd meeting (December 2015) (DH);

5. instructed the Secretariat to prepare a draft interim resolution for their DH meeting in March 2017, at the latest unless information is provided on tangible progress achieved for the execution of this judgment.

Item H46-27

Batı and others group v. Turkey (Application No. 33097/96)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)716, DH-DD(2016)118, DH-DD(2015)1116, DH-DD(2011)675, DH-DD(2011)559, CM/Del/Dec(2015)1243/H46-23

Decisions

The Deputies

As regards individual measures

1. recalling the Committee’s consistent position that respondent States have a continuing obligation to conduct effective investigations into alleged abuses by members of security forces, encouraged the Turkish authorities to give full effect to Article 90 of the Turkish Constitution by conducting ex officio evaluations as to the reopening of investigations in this group and invited them to inform the Committee of the results obtained in this respect;

As regards general measures

2. noted with interest the setting-up of an inter-institutional group with a view to assessing the administrative authorisation requirement and the status of chief police officers in this procedure and strongly encouraged the Turkish authorities to ensure that this group produces concrete proposals for legislative amendments;

3. noted also with interest the sample judgments of the Court of Cassation and the Constitutional Court and the recent positive trend in judicial practice complying with the procedural requirements of Articles 2 and 3 of the Convention; further invited the Turkish authorities to provide information on the outcome of the cases that were remitted by decisions of the Constitutional Court for reopening of investigations;

4. noted the on-going efforts made by the Turkish authorities, in particular by setting up two working groups to examine the length of prosecution periods and the sentences imposed on members of the security forces, as well as the initiation of an assessment of the 2015 Circular with a view to identifying the measures needed to ensure the effectiveness of the criminal justice system;

5. stressing the importance of focusing on the Court’s case law and the Convention requirements in respect of Articles 2 and 3, invited the Turkish authorities to keep the Committee updated of the outcome of the work carried out by the above mentioned working groups and on the assessment on the 2015 Circular;

6. invited the Turkish authorities to provide an updated action plan on the above-mentioned outstanding issues in this group of cases before 1 June 2017.

Item H46-28

Cyprus v. Turkey (Application No. 25781/94)

Supervision of the execution of the European Court’s judgments

H/Exec(2014)8, CM/ResDH(2007)25, ResDH(2005)44, DH-DD(2016)707, DH-DD(2016)688, DH-DD(2015)1115,

DH-DD(2014)1446, DH-DD(2014)1414, DH-DD(2013)604, CM/Del/Dec(2015)1236/21

Decisions

The Deputies

1. insisted again on the unconditional obligation to pay the just satisfaction awarded by the European Court and reiterated their call upon the Turkish authorities to pay without delay the sums awarded in the judgment of 12 May 2014;

2. decided to resume consideration of the issue of the property rights of enclaved Greek Cypriots and their heirs at their DH meeting in June 2017.

Item H46-29

Incal and Gözel and Özer groups v. Turkey (Applications Nos. 22678/93, 43453/04)

Supervision of the execution of the European Court’s judgments

ResDH(2004)38, ResDH(2001)106, CM/Inf/DH(2003)43; CM/Inf/DH(2008)26, DH-DD(2016)842, DH-DD(2015)447-rev, DH-DD(2014)502, CM/Del/Dec(2015)1230/22

Decisions

The Deputies

As regards individual measures

1. noted that all the applicants who requested the reopening of proceedings in their cases, apart from the applicant in the Belek case, were acquitted, and invited the Turkish authorities to provide information on the reasons for the refusal of the request for reopening in the Belek case;

As regards general measures

2. recalled their decisions adopted at the 1201^st and 1230^th meetings (June 2014 and 2015) (DH) and urged the Turkish authorities to revise Article 301 of the Criminal Code in line with the Court’s “quality of law” requirement without further delay;

3. noted with concern that, despite the emerging case law of the Constitutional Court, which follows the European Court’s case law; the number of investigations initiated or indictments lodged, in particular pursuant to Article 216 of the Criminal Code and Article 7 of the Anti-Terrorism Law, still remain high;

4. urged therefore the Turkish authorities to take the measures needed to ensure that all levels of the judiciary apply the principles set out in the case law of the Constitutional Court and the European Court in the implementation of the relevant legislation, with a view to reducing the number of investigations opened and to preventing any chilling effect on those who wish to exercise their freedom of expression.

Items H46-30 and 31

Varnava and Xenides-Arestis group v. Turkey (Application No. 46347/99)

Supervision of the execution of the European Court’s judgments

H/Exec(2014)6, CM/Inf/DH(2010)21, CM/ResDH(2014)185, CM/ResDH(2010)33, CM/ResDH(2008)99,

DH-DD(2016)956, DH-DD(2016)573, DH-DD(2016)257, DH-DD(2016)256, DH-DD(2016)244, DH-DD(2015)536, CM/Del/Dec(2016)1259/H46-37

Decisions

The Deputies

1. firmly insisted once again on Turkey’s unconditional obligation to pay the just satisfaction awarded by the European Court in these cases;

2. deeply deplored the absence of progress in this respect and again exhorted Turkey to comply with this obligation without further delay;

3. agreed to resume consideration of this issue at their 1273^rd meeting (December 2016) (DH).

Item H46-32

Kaverzin and Afanasyev groups, Karabet and others and Belousov v. Ukraine
(Applications Nos. 23893/03, 38722/02, 38906/07, 4494/07)

Supervision of the execution of the European Court’s judgments

DH-DD(2014)1505, DH-DD(2014)1343, DH-DD(2014)463, DH-DD(2013)1272, DH-DD(2013)427, DH-DD(2013)411, CPT/Inf (2015) 21, CPT/Inf (2015) 3, CPT/Inf (2014) 15, CM/Del/OJ/DH(2014)1201/24

Decisions

The Deputies

1. as regards the individual measures, noted with concern that in a large number of cases no progress has been achieved as regards fresh investigations after the European Court’s judgments became final;

2. as regards the general measures, regretted that the Ukrainian authorities have not provided in a timely manner their assessment of the practical impact of the reforms introduced by the new Code of Criminal Procedure and noted that effective implementation of this legislation, in particular in terms of enhancing the safeguards in police custody, would constitute a major step for the execution of these groups of cases;

3. strongly urged the Ukrainian authorities to inform the Committee about the implementation of the legislation in question as well as other measures taken to eliminate torture and ill-treatment in custody;

4. called upon the Ukrainian authorities to take measures to ensure that the State Bureau of Investigations becomes operational without delay so that effective investigations in compliance with Convention standards can be carried out;

5. welcomed the commitment expressed by the Ukrainian authorities to engage in bilateral dialogue with the Secretariat and to participate actively in the cooperation activities offered by the Council of Europe and encouraged them to continue to take full benefit of such opportunities in the future;

6. decided to resume the examination of these groups at their DH meeting in March 2017 at the latest.

Item H46-33

Kharchenko group, Chanyev, Korneykova v. Ukraine (Applications Nos. 40107/02, 46193/13, 39884/05)

Supervision of the execution of the European Court’s judgments

DH-DD(2016)819, DH-DD(2015)1240, DH-DD(2015)594, DH-DD(2013)578, DH-DD(2013)190, CM/Del/Dec(2013)1164/33

Decisions

The Deputies

As regards individual measures

1. recalled that none of the applicants in respect of whom the Court found a violation of Article 5 of the Convention were in detention on remand at the time the Court delivered its judgments (having either been released or convicted);

2. invited, however, the Ukrainian authorities to provide rapidly information on the acceleration and possible termination of the proceedings in the cases of Baryshevskyy, Pleshkov, Taran and Rudenko and on the reopening of the criminal proceedings in the Ruslan Yakovenko case;

As regards general measures

3. noted that the Code of Criminal Procedure, in force since November 2012, has largely improved the procedure for detention on remand;

4. noted, however, that certain violations of Article 5 have not been resolved by the new Code, as demonstrated notably by the European Court’s conclusion that detention on remand continues to be imposed in the absence of any court order in certain situations (Chanyev judgment) and, more generally, by the 2015 evaluation report on the practical implementation of the new 2012 Code of Criminal Procedure prepared by Council of Europe experts;

5. consequently, strongly invited the Ukrainian authorities to provide, by 31 January 2017 at the latest, a comprehensive action plan or action report addressing fully all the violations of Article 5 found by the Court, in the light of the development of judicial practice, including also the absence of effective remedies in respect of unlawful detention and providing relevant statistical information;

6. insisted on the urgency of rapidly bringing to a conclusion the remaining necessary legislative reforms and on the necessity of ensuring in the meantime that all possible practical measures are taken by courts and prosecutors to prevent further violations of Article 5 with regard to detention on remand;

7. recalled the importance of the authorities’ continuing to benefit in full from the ongoing cooperation programmes with the Council of Europe in the area of criminal justice;

8. decided to resume examination of these cases at their DH meeting in March 2017.

Item H46-34

Yuriy Nikolayevich Ivanov (Application No. 40450/04) and Zhovner group
(Application No. 56848/00) v. Ukraine

Supervision of the execution of the European Court’s judgments

CM/ResDH(2012)234, CM/ResDH(2011)184, CM/ResDH(2010)222, CM/ResDH(2009)159, CM/ResDH(2008)1,

CM/Inf/DH(2007)30-rev, CM/Inf/DH(2007)33, CM/Inf/DH(2012)29, CM/Inf/DH(2013)11, ECHR 086 (2012),
DH-DD(2016)575, DH-DD(2016)574, DH-DD(2015)1332, DH-DD(2015)763, DD(2015)608, DH-DD(2015)595,
DH-DD(2015)419, DH-DD(2014)1203, DH-DD(2014)652, DH-DD(2014)517, DH-DD(2014)461, DH-DD(2013)1165,

DH-DD(2013)1051, DH-DD(2013)861, DH-DD(2013)830, DH-DD(2012)1139, DH-DD(2012)1065, DH-DD(2012)775,

DH-DD(2011)757, DH-DD(2011)705, DH-DD(2011)433, DH-DD(2011)54, CM/Del/Dec(2016)1259/H46-41

Decisions

The Deputies

1. recalled that the problem of non-enforcement or delayed enforcement of domestic judicial decisions has persisted in Ukraine for more than a decade and that no tangible progress has been achieved so far;

2. expressed their profound regret that no action has been taken by the Ukrainian authorities in response to their decision adopted at the June 2016 DH meeting, in particular with a view to settling the pending similar applications before the European Court and adopting the three-step strategy aimed at finding a long-lasting solution to the problem of non-enforcement or delayed enforcement of domestic judicial decisions;

3. stressed that, in view of the increasing number of new applications brought before the European Court, the continuing inaction of the Ukrainian authorities would put an additional undue burden on the Convention system;

4. therefore, called upon the Ukrainian authorities to take resolute action without further delay;

5. decided to resume consideration of this group of cases at their DH meeting in March 2017 at the latest.

Item D.

Supervision of the payment of just satisfaction

Decisions

The Deputies

1. noted that in the following cases (CM/Del/Dec(2016)1265-pointD) no information has been supplied to the Committee of Ministers or that the information supplied concerning the payment of the just satisfaction awarded by the European Court is incomplete;

2. invited the States concerned to supply information confirming payment of the sums in question without delay.

Item E.

List of cases which became final after the entry into force of the new working methods[9]

and for which an action plan has been presented to the Committee since the last meeting

Decisions

The Deputies

1. noted that, in the cases below, action plans setting out the measures planned to abide by the judgments of the Court have been presented;

2. invited the authorities of the member States concerned to keep the Committee of Ministers regularly informed of the progress made in the implementation of these action plans.

Application	Case	Judgment of /	Final on	Ref. doc
ANDORRA
16047/10	UTE SAUR VALLNET	29/05/2012	29/08/2012	DH-DD(2016)793
AUSTRIA
61708/12	HAUPTMANN	24/04/2014	24/04/2014	DH-DD(2016)962
BULGARIA
40908/05	FAZLIYSKI	16/04/2013	16/07/2013	DH-DD(2016)844
48555/10+	RIZA AND OTHERS	13/10/2015	13/01/2016	DH-DD(2016)934
25446/06	YORDANOVA AND OTHERS	24/04/2012	24/09/2012	DH-DD(2016)455-add
3503/08	ÜNSPED PAKET SERVİSİ SAN. VE TİC. A.Ş.	13/10/2015	13/01/2016	DH-DD(2016)968
CROATIA
13712/11	S.L. AND J.L.	07/05/2015	19/10/2015	DH-DD(2016)876
CYPRUS
41872/10	M.A.	23/07/2013	23/10/2013	DH-DD(2016)816
41903/10+	A.H. AND / ET J.K.	21/07/2015	21/10/2015	DH-DD(2016)816
41753/10+	H.S. AND OTHERS	21/07/2015	21/10/2015	DH-DD(2016)816
41858/10	K.F.	21/07/2015	21/10/2015	DH-DD(2016)816
CZECH REPUBLIC
43643/10	HANZELKOVI	11/12/2014	11/03/2015	DH-DD(2016)841
37679/08	BUREŠ	18/10/2012	18/01/2013	DH-DD(2016)840
97/11	DELTA PEKÁRNY A.S.	02/10/2014	02/01/2015	DH-DD(2016)839
GERMANY
9154/10	SCHATSCHASCHWILI	15/12/2015	Grand Chamber	DH-DD(2016)822
GREECE
20378/13	MARTZAKLIS AND OTHERS	09/07/2015	09/10/2015	DH-DD(2016)722
HUNGARY
15707/10	ISTVÁN GÁBOR KOVÁCS GROUP	17/01/2012	17/04/2012	DH-DD(2016)855
14097/12+	VARGA AND OTHERS	10/03/2015	10/06/2015	DH-DD(2016)855
IRELAND
35810/09	O’KEEFFE	28/01/2014	Grand Chamber	DH-DD(2016)851
ITALY
38369/09	SCHIPANI AND OTHERS	21/07/2015	21/10/2015	DH-DD(2016)891
LITHUANIA
34932/04	PAKSAS	06/01/2011	Grand Chamber	DH-DD(2016)884
MALTA
4458/10	MIKALAUSKAS	23/07/2013	23/10/2013	DH-DD(2016)762
76392/12	KOLAKOVIC	19/03/2015	19/06/2015	DH-DD(2016)762

Application	Case	Judgment of /	Final on	Ref. doc
POLAND
57722/12	GRABOWSKI	30/06/2015	30/09/2015	DH-DD(2016)796
45026/07	KĘDZIOR	16/10/2012	16/01/2013	DH-DD(2016)802
31199/12	K.C.	25/11/2014	25/02/2015	DH-DD(2016)802
ROMANIA
10662/06	ENACHE	01/04/2014	01/07/2014	DH-DD(2016)715
41040/11	IUSTIN ROBERTINO MICU	13/01/2015	13/04/2015	DH-DD(2016)759
24362/11+	STAN	30/06/2015	14/12/2015	DH-DD(2016)782
16184/06	NIŢULESCU	22/09/2015	22/12/2015	DH-DD(2016)803
30909/06	PANAITESCU	10/04/2012	10/07/2012	DH-DD(2016)835
1944/10	MATEESCU	14/01/2014	14/04/2014	DH-DD(2016)856
RUSSIAN FEDERATION
47143/06	ROMAN ZAKHAROV	04/12/2015	Grand Chamber	DH-DD(2016)908
42139/12	PISARI[10]	21/04/2015	19/10/2015	DH-DD(2016)922
SLOVAK REPUBLIC
30255/09	BITTÓ AND OTHERS	28/01/2014 07/07/2015	28/04/2014 07/10/2015	DH-DD(2016)776
44482/09	MAXIAN AND MAXIANOVA	24/07/2012	24/07/2012	DH-DD(2016)789
12300/12	KESZELI	14/10/2014	14/10/2014	DH-DD(2016)789
209/10	TRESA	02/10/2012	02/10/2012	DH-DD(2016)789
20986/10	FRANC	31/05/2012	31/05/2012	DH-DD(2016)789
11686/10	LADUNA	31/05/2012	31/05/2012	DH-DD(2016)789
15702/10	TNS S.R.O.	31/05/2012	31/05/2012	DH-DD(2016)789
3817/07	PISKURA No. 2	16/10/2012	16/10/2012	DH-DD(2016)789
23386/09	A.H.	19/02/2013	19/02/2013	DH-DD(2016)789
12583/09	HAUSER	05/02/2013	05/02/2013	DH-DD(2016)789
59644/09	KRELA AND OTHERS	05/03/2013	05/03/2013	DH-DD(2016)789
5718/10	LAUFIK	05/03/2013	05/03/2013	DH-DD(2016)789
25368/10	PALGUTOVÁ	19/02/2013	19/02/2013	DH-DD(2016)789
16111/11	FRIGO	08/10/2013	08/10/2013	DH-DD(2016)789
74550/12	KUCEJOVÁ	26/11/2013	26/02/2014	DH-DD(2016)789
43168/11	MAXIAN AND MAXIANOVÁ	07/01/2014	07/01/2014	DH-DD(2016)789
72493/10	DRAFT - OVA A.S.	09/06/2015	09/09/2015	DH-DD(2016)809
“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”
16225/08	ANDONOSKI	17/09/2015	17/12/2015	DH-DD(2016)814
TURKEY
48628/12	BALTA AND DEMİR	23/06/2014	23/09/2014	DH-DD(2016)820
48621/07	DİCLE AND SADAK	16/06/2015	16/09/2015	DH-DD(2016)848
18638/05	İPSEFTEL	26/05/2015	26/08/2015	DH-DD(2016)849
6341/10	SARIDAŞ	07/07/2015	07/10/2015	DH-DD(2016)935
UKRAINE
16474/03	NAYDYON	14/10/2010	14/01/2011	DH-DD(2016)755
33643/03	KOROSTYLYOV	13/06/2013	13/09/2013	DH-DD(2016)755
21380/04	LOBAS	07/11/2013	07/02/2014	DH-DD(2016)755

Item F.

Adoption of final resolutions

Decision

The Deputies adopted the final resolutions CM/ResDH(2016)241 to CM/ResDH(2016)271 in respect of the judgments and decisions listed below:

Resolution	Application No.	Case	Judgment or decision of	Final on
ARMENIA
CM/ResDH(2016)241	53862/07	GHUYUMCHYAN	21/01/2016	21/04/2016
CM/ResDH(2016)242	11578/08	TOVMASYAN	21/01/2016	21/04/2016
BELGIUM
CM/ResDH(2016)243	45413/07	ANAKOMBA YULA	10/03/2009	10/06/2009
BOSNIA AND HERZEGOVINA
CM/ResDH(2016)244	40356/11	Savka JOKIĆ	15/03/2016	Decision
BULGARIA
CM/ResDH(2016)245	9411/05	DANEV	02/09/2010	02/12/2010
CM/ResDH(2016)246	8905/09	Vasil Dimitrov FILEV AND Magdalina Dimitrova ZLATANOVA	12/01/2016	Decision
	8083/11	Nikola Boyanov HADZHISTAMOV AND OTHERS	26/01/2016	Decision
	27999/10	Georgi Dimitrov MARASHLIEV AND Gelka Dimitrova GYORCHEVA	12/01/2016	Decision
	46290/11	Boris Grigorov OROV	12/01/2016	Decision
	40464/08	Stoyan Dimitrov PELTEKOV AND OTHERS	12/01/2016	Decision
CROATIA
CM/ResDH(2016)247	1067/15	Darko KLOBUČAR AND 2 OTHER APPLICATIONS	01/03/2016	Decision
CZECH REPUBLIC
CM/ResDH(2016)248	19315/11	T.	17/07/2014	17/10/2014
FRANCE
CM/ResDH(2016)249	21444/11	HENRIOUD	05/11/2015	05/02/2016
CM/ResDH(2016)250	60983/09	TETU	22/09/2011	22/12/2011
CM/ResDH(2016)250	63648/12	MATHURIN	05/06/2014	05/09/2014
GREECE
CM/ResDH(2016)251	3490/15	Nikolaos ANAGNOSTOU	06/10/2015	Decision
	24681/10+	DIONYSIOS ASKOTIRIS AND ANNA ASKOTIRI AND 8 OTHER APPLICATIONS	22/09/2015	Decision
	47739/14	FATEH BARZI AND OTHERS	17/11/2015	Decision
	41806/13	Catalin-Nikolae CIOCAN AND OTHERS	06/10/2015	Decision
	76879/11	Katerina AND Sophia GEORGIOU	23/02/2016	Decision
	9/15	Edmond HALIMLLARI	17/11/2015	Decision
	43506/14	Tsotne IOSELIANI	17/11/2015	Decision
	23259/13	Leonidas KOUTSIDIS AND OTHERS	06/10/2015	Decision
	43442/14	Koba KRAVELIDZE	17/11/2015	Decision
	11961/15	Arslan MIRZA	15/12/2015	Decision
	46817/11	Amalia MOUTAFI	17/02/2015	Decision
	11609/15	Georgios PAPADIMAS	15/12/2015	Decision
	72636/12	Aristides PARASKAKIS	20/10/2015	Decision
	43491/14	Marsel RAMADANI	17/11/2015	Decision
	16882/15	Misha SARUKHANYAN	17/11/2015	Decision
	15675/11	Apostolos Georgios SOFOS AND OTHERS	17/02/2015	Decision
	12830/15	Konstantinos STAMATIADIS	15/12/2015	Decision
	9770/10	Stylianos TESSIS AND 2 OTHER APPLICATIONS	08/09/2015	Decision
	62950/09	Athanasios TSOLAKIS	08/09/2015	Decision

Resolution	Application No.	Case	Judgment or decision of	Final on
ITALY
CM/ResDH(2016)252	28319/04	AGOSTINO AND GIOVANNA CALCAGNO	16/12/2014	Decision
	81292/12	ADA CAVALLARO	20/10/2015	Decision
	9249/05	PASQUALE AND CATERINA DE LUCA	21/04/2015	Decision
	50521/13	MARCELLO DELL’ANNA	15/12/2015	Decision
	25113/06	ADDOLORATA FISCHETTO AND FORTE	15/12/2015	Decision
	39570/13	G.T. AND M.T.	26/01/2016	Decision
	40685/06	GIOVAMBATTISTA LUPIS CRISAFI AND OTHERS	20/10/2015	Decision
	16079/05	ANTONIO MAZZEO	01/09/2015	Decision
	7917/07	MARIA, MARIO AND BRIGIDA MILAZZO	17/03/2015	Decision
	26352/04	MARIA AND OTTAVIA PICCARI	19/05/2015	Decision
	13455/07	EGISTO, FORTUNATO AND GIOVANNA RICCI	17/03/2015	Decision
	36933/04	ANTONIO TOTA	16/12/2014	Decision
THE NETHERLANDS
CM/ResDH(2016)253	29741/10	Guran DJINISOV	09/02/2016	Decision
CM/ResDH(2016)253	10662/15	Johan VRINDS	02/02/2016	Decision
POLAND
CM/ResDH(2016)254	17885/04	ORCHOWSKI	22/10/2009	22/01/2010
	17599/05	NORBERT SIKORSKI	22/10/2009	22/01/2010
	18364/06	GRZYWACZEWSKI	31/05/2012	31/08/2012
	3390/05	MIROSŁAW ZIELIŃSKI	20/09/2011	20/12/2011
	38719/09	WENERSKI No. 2	24/07/2012	24/10/2012
	21880/03	OLSZEWSKI	02/04/2013	02/07/2013
	29254/06	KARABIN	07/01/2014	07/01/2014
CM/ResDH(2016)255	47709/99	RACHWALSKI AND FERENC	28/07/2009	28/10/2009
CM/ResDH(2016)256	48053/11	STANKIEWICZ AND OTHERS (No. 2)	03/11/2015	03/02/2016
CM/ResDH(2016)257	63777/09	R.S.	21/07/2015	21/10/2015
CM/ResDH(2016)258	8933/05	TOMASZEWSCY	15/04/2014	15/07/2014
CM/ResDH(2016)259	35014/97	HUTTEN-CZAPSKA	19/06/2006 28/04/2008	Grand Chamber / Grande Chambre
CM/ResDH(2016)260	43898/14	Krzysztof CHECHŁACZ	15/12/2015	Decision
	33558/14	Marek CHUSTECKI	24/11/2015	Decision
	53811/13	Kamil Marcin GARDOCKI	08/12/2015	Decision
	11361/15	Grzegorz KACPURA	20/10/2015	Decision
	25128/15	Piotr KOZŁOWSKI	05/01/2016	Decision
	46536/14	Marianna PONIEWIERSKA	05/01/2016	Decision
	1389/15	Tomasz RATAJCZAK	09/02/2016	Decision
	72817/14	Grzegorz TALIPSKI	26/01/2016	Decision
CM/ResDH(2016)261	23592/07	MIAŻDŻYK	24/01/2012	24/04/2012
CM/ResDH(2016)261	14480/04	A.E.	31/03/2009	30/06/2009
PORTUGAL
CM/ResDH(2016)262	66436/12	CUNHA MARTINS DA SILVA COUTO	30/04/2015	30/04/2015
CM/ResDH(2016)263	52761/13	ÁLVARO BENTO VIEIRA AND ANA MARIA VIEIRA BATISTA	17/11/2015	Decision
	59513/13	MANUEL MARTINS CASCALHEIRA	17/11/2015	Decision
	42868/13	COOPURB - COOPERATIVA DE CONSTRUÇÃO E HABITAÇÃO C.R.L.	20/10/2015	Decision
	54872/13	RUI JORGE ESTEVES DAVID	17/11/2015	Decision
	59685/13	FRANCISCO MANUEL MAGALHÃES DUARTE FERREIRA	17/11/2015	Decision
	59694/13+	JOÃO FRANCISCO MARQUES ALEXANDRE AND JULIA ELISA MARQUES CRUZ ALEXANDRE	17/11/2015	Decision
	59459/13	ANTONIO EUGENIO MARQUES	17/11/2015	Decision
	28048/13	MASSA INSOLVENTE DE J. SERRA RAMOS, LDA	09/12/2014	Decision

	67064/13	FIRMO NEVES BARRACAS	17/11/2015	Decision
	70712/13	ADELINO DIAS SANTOS SARMENTO AND 9 OTHER APPLICATIONS	15/03/2016	Decision
CM/ResDH(2016)264	46194/06	STEGARESCU AND BAHRIN	06/04/2010	04/10/2010
ROMANIA
CM/ResDH(2016)265	26246/05	IORGA AND OTHERS	25/01/2011	25/04/2011
CM/ResDH(2016)266	18335/10	MARGARETE ALTVATER AND OTHERS	28/01/2016	Decision
	13438/14	RAMONA DENISA APOSTOL	02/02/2016	Decision
	43097/14	SILVIU APOSTOLATOS	02/02/2016	Decision
	78951/11	VASILE SILVIU BOGDAN	23/02/2016	Decision
	33636/12	MARIA COLȚA	23/02/2016	Decision
	26349/11	CRISTIANA-CRENGUȚA RADU AND 8 OTHER APPLICATIONS	03/12/2015	Decision
	76773/13	NICOLETA VASILICA FIERARU	23/02/2016	Decision
	57448/14	ADRIAN GRIGOROF	02/02/2016	Decision
	64454/14	STERIAN GULI	28/01/2016	Decision
	42700/13	MANOLE LUPU	02/02/2016	Decision
	38037/14	GHEORGHE MATEI AND 8 OTHER APPLICATIONS	11/02/2016	Decision
	35275/14	SIMONA MUREȘAN	23/02/2016	Decision
	45517/13	IOAN PANDEL AND 13 OTHER APPLICATIONS	28/01/2016	Decision
	48213/11	GEORGETA PREPELIŢĂ	28/01/2016	Decision
	40208/14	CĂLIN ROMAN AND OTHERS AND 5 OTHER APPLICATIONS	28/01/2016	Decision
	55129/09	IOANA TUDOR AND 4 OTHER APPLICATIONS	28/01/2016	Decision
RUSSIAN FEDERATION
CM/ResDH(2016)267	52856/10+	Aleksandr Vladimirovich FIRONOV AND 4 OTHER APPLICATIONS	21/04/2015	Decision
	57401/09	Igor Alekseyevich GORSHENIN AND 4 OTHER APPLICATIONS	02/06/2015	Decision
	10677/09	Ruslan Ravilevich KHUZIN	25/08/2015	Decision
	13755/11	Oleg Vadimovich KIBIZOV	08/12/2015	Decision
	60687/08	Galina Petrovna POTAPOVA and Petr Vasilyevich POTAPOV AND 2 OTHER APPLICATIONS	15/12/2015	Decision
	49956/07+	Aleksandr Sergeyevich REZACHKIN AND Aleksandr Aleksandrovich GALYUS	25/08/2015	Decision
CM/ResDH(2016)268	58263/00	TIMOFEYEV	23/10/2003	23/01/2004
	11470/03	ABBASOV	18/02/2010	18/05/2010
	38405/02	ABDEYEVY	06/03/2008	06/06/2008
	41564/05	ABDULMANOVA	16/10/2008	16/01/2009
	26724/03	AGIBALOVA AND OTHERS	13/04/2006	13/07/2006
	30616/05	AKASHEV	12/06/2008	12/09/2008
	22519/02	ALEKHINA AND OTHERS	13/04/2006	13/07/2006
	33706/05	ALEKSENTSEVA LYUDMILA	01/02/2007	01/05/2007
	36153/03	ALEKSEYEVA	11/12/2008	06/07/2009
	32215/05	ANUFRIYEV	05/04/2011	15/09/2011
	16115/06	ARAPOVY	29/11/2007	29/02/2008
	21198/05	AYRAPETYAN	14/06/2007	12/11/2007
	18338/05	AZARYEV	14/11/2008	14/02/2009
	36398/04	BAYGAYEV	05/07/2007	05/10/2007
	40250/02	BELYATSKAYA	27/07/2006	11/12/2006
	3509/06	BEREZKINA	29/11/2007	29/02/2008
	45497/04	BESEDA	10/07/2014	10/07/2014
	36765/03	BEZBORODOV	20/11/2008	20/02/2009
	24654/03	BOBROVA	17/11/2005	17/02/2006
	3504/02	BOGDANOV	09/02/2006	09/05/2006
	23542/04	BOLDYREVA	06/12/2007	06/03/2008
	19134/05	BOLYUKH	31/07/2007	31/10/2007
	20260/04	BRAGINA	01/02/2007	01/05/2007

66462/01	BRATCHIKOVA	17/11/2005	12/04/2006
805/03	BRONICH	14/11/2008	14/02/2009
33509/04	BURDOV No. 2	15/01/2009	04/05/2009
7412/02	CHERKASHIN	07/02/2008	07/05/2008
10415/02	CHERNYSHOV AND 11 OTHERS	28/09/2006	28/12/2006
41395/04	CHISTYAKOV	04/12/2008	04/03/2009
34433/04	DENISOV	06/03/2008	06/06/2008
21823/03	DENISOV	25/01/2007	25/04/2007
33689/05	DEYKINA	01/02/2007	01/05/2007
5761/03	DOROZHKO	26/06/2008	26/09/2008
28644/06	DVORYAKOV	29/04/2008	29/07/2008
15407/05	GALIKHANOVA	14/11/2008	14/02/2009
33459/04	GALKIN	04/10/2007	04/01/2008
43402/02	GASAN	24/02/2005	24/05/2005
13519/02	GAYVORONSKIY	25/03/2008	25/06/2008
24657/03	GERASIMENKO	17/11/2005	17/02/2006
24669/02	GERASIMOVA	13/10/2005	13/01/2006
21777/04	GLEBOV AND GLEBOVA	29/11/2007	29/02/2008
28785/04	GLUKHOVA AND BRAGINA	18/09/2008	26/01/2009
23287/05	GLUSHAKOVA No. 2	10/05/2007	10/08/2007
29898/03	GORLOVA	15/02/2007	15/05/2007
40136/02	GOROKHOV	10/04/2008	10/07/2008
4171/04	GRIDIN	01/06/2006	01/09/2006
21419/04	GRIGORYEVA	13/07/2006	13/10/2006
10122/04	GURGACH	19/06/2014	19/06/2014
36407/02	IGUSHEVA	09/02/2006	09/05/2006
20745/04	ISAKOV	19/06/2008	19/09/2008
24659/03	IVANNIKOVA	17/11/2005	12/04/2006
3436/05	IVANOV ALEKSANDR	08/02/2007	08/05/2007
29411/05	IVCHENKO	02/10/2008	02/01/2009
37758/03	KABANOV	14/11/2008	14/02/2009
14521/05	KALEYEV	12/11/2015	12/11/2015
16086/04	KALININ	15/01/2015	15/01/2015
43726/02	KANAYEV	27/07/2006	27/10/2006
26410/02	KAZARTSEV	02/11/2006	02/02/2007
13995/02	KAZARTSEVA AND OTHERS	17/11/2005	12/04/2006
72374/01	KAZMINA	15/06/2006	15/09/2006
746/05+	KAZMINA NINA AND OTHERS	13/01/2009	13/04/2009
21268/04	KHARITICH	06/12/2007	06/03/2008
33617/04	KHOLODENKO	18/09/2008	18/12/2008
20098/03	KHVOROSTINA AND OTHERS	05/04/2007	05/07/2007
36074/04	KLISHINA AND OTHERS	24/04/2008	24/07/2008
44038/05	KOCHALIDZE	10/04/2012	10/07/2012
43284/02	KOLAYEV	03/07/2008	03/10/2008
41304/02	KOLTSOV	24/02/2005	24/05/2005
63501/00	KONOVALOV	23/03/2006	13/09/2006
19798/04	KORCHAGIN	01/06/2006	01/09/2006
27295/03	KORCHAGINA AND OTHERS	17/11/2005	12/04/2006
25550/05	KOROLEV	12/04/2007	12/07/2007
4543/02	KOROTKIKH	27/03/2008	27/06/2008
32845/02	KOSTENKO	20/06/2013	20/06/2013
23490/03	KOSTENKO	07/02/2008	07/05/2008
750/02	KOTLYAROV	18/12/2008	18/03/2009
21410/04	KOVALENKO	13/07/2006	13/10/2006
934/03	KOZEYEV	31/07/2007	30/01/2008
731/04	KRASEV	26/06/2008	26/09/2008
18892/04	KRASNOV	22/11/2011	22/02/2012
11712/06	KRASYUCHENKO	11/10/2007	11/01/2008
37641/04	KRIVONOS	06/12/2007	06/03/2008
27790/03	KUDRINA	21/06/2007	31/03/2008
25114/03+	KULKOV AND OTHERS	08/01/2009	08/04/2009
37643/04	KURYANOV	06/03/2008	06/06/2008
30212/06	KUZMIN	28/05/2014	28/05/2014

40081/03	KUZMINSKIY	14/11/2008	14/02/2009
8355/07	KUZNETSOVA YEVDOKIYA	04/12/2008	04/03/2009
42431/02	LARIONOV	14/11/2008	14/02/2009
33422/03	LAVROV	17/01/2012	17/04/2012
9800/02	LAZAREV	05/10/2006	05/01/2007
37645/04	LESNOVA	24/01/2008	24/04/2008
37354/03	LIMASOVY	22/07/2008	22/10/2008
24395/02	LOSITSKIY	14/12/2006	14/03/2007
34822/04	LUKINYKH	10/07/2014	10/07/2014
20111/03	MAGOMEDOV	04/12/2008	04/03/2009
7023/03	MAKAROVA AND OTHERS	24/02/2005	24/05/2005
756/05+	MARKOVTSI AND SELIVANOV	23/07/2009	23/10/2009
57807/00	MARTYNOVA	26/06/2008	01/12/2008
38999/05	MATVIYETS	12/06/2008	12/09/2008
22534/02	MIKHAYLOVA AND OTHERS	17/11/2005	17/02/2006
20937/07	MOROKO	12/06/2008	01/12/2008
26759/03	MOZHAYEVA	04/12/2008	04/03/2009
42940/02	NADEZHKIN	12/06/2008	12/09/2008
33685/05	NARTOVA	01/02/2007	01/05/2007
3311/06	NEOFITA	12/04/2007	12/07/2007
20515/04	NIKISHIN	08/02/2007	08/05/2007
9117/04+	NOSOV AND OTHERS	20/02/2014 15/01/2015	07/07/2014 15/04/2015
34283/05	OOO PKG “SIB-YUKASS”	08/11/2007	02/06/2008
3790/05	OOO PTK “MERKURIY”	14/06/2007	12/11/2007
61651/00	OOO RUSATOMMET	14/06/2005	14/09/2005
31296/02	OSHER AND OTHERS	25/10/2007	31/03/2008
45291/05	PANCHISHIN	27/11/2014	27/11/2014
12115/03	PARFENENKOV	24/01/2008	24/04/2008
16869/08	PELLYA	10/04/2012	10/07/2012
36494/02	PETRUSHKO	24/02/2005	24/05/2005
40322/02	PETUKHOV	26/06/2008	01/12/2008
42752/04	PLEKHOVA	31/01/2008	30/04/2008
43883/02	PLOTNIKOVY	24/02/2005	24/05/2005
34150/04	POGULYAYEV	03/04/2008	03/07/2008
34422/03	POLITOVA AND POLITOV	01/02/2007	01/05/2007
21447/04	POLUPANOVA MATRENA	13/07/2006	13/10/2006
31105/05	PONOMAREV ROMAN	04/12/2008	04/03/2009
34428/04	PORTNOVA	29/04/2008	29/07/2008
25964/02	POZNAKHIRINA	24/02/2005	06/07/2005
2191/03+	PRIDATCHENKO AND OTHERS	21/06/2007	21/09/2007
13869/05	PROKHOROVA	08/10/2009	08/01/2010
7111/05	PYLNOV	12/07/2007	12/10/2007
2703/02	PYRIKOV	08/06/2006	08/09/2006
23405/03	REYNBAKH	29/09/2005	29/12/2005
35002/05	ROZHNYATOVSKAYA	13/12/2011	13/03/2012
44595/05	RUSSKIKH	10/04/2012	10/07/2012
52283/07+	RYKACHEV AND OTHERS	19/04/2011	19/04/2011
6558/06	SAIDOV	05/07/2007	05/10/2007
3885/04	SEMOCHKIN	04/12/2008	04/03/2009
39888/02	SHAKIRZYANOV	20/11/2008	20/02/2009
70501/01	SHAMINA	13/07/2006	13/10/2006
2047/03	SHAPOVALOVA	05/10/2006	12/02/2007
31271/02	SHATUNOV	01/06/2006	01/09/2006
39866/02	SHESTOPALOVA AND OTHERS	17/11/2005	12/04/2006
42383/02	SHEVCHENKO	10/04/2008	10/07/2008
9647/02	SHILYAYEV	06/10/2005	06/01/2006
21417/04	SHIRYAYEVA	13/07/2006	13/10/2006
10833/03	SHITIKOV	30/11/2006	28/02/2007
3519/05	SIDORENKO	26/07/2007	26/10/2007
2814/04	SINITSYNA	13/12/2007	13/03/2008
14758/08	SIVOGRAK AND ZENOV	13/06/2013	13/09/2013
3906/06	SIVOLDAYEVA	28/06/2007	28/09/2007
55885/00	SKACHEDUBOVA	01/12/2005	01/03/2006

6239/04	SMETANKO	29/04/2010	04/10/2010
33986/02	SOMCHENKO	31/07/2007	31/10/2007
8549/06+	STRELTSOV AND OTHER “NOVOCHERKASSK MILITARY PENSIONERS”	29/07/2010	29/10/2010
2245/05	SUBOCHEVA	15/11/2007	02/06/2008
75470/01	SUKHOBOKOV	13/04/2006	13/07/2006
23596/04	SUKHORUKOV	31/07/2008	31/10/2008
55687/00	SUNTSOVA	17/11/2005	17/02/2006
20518/04	TARASOV SERGEY	08/02/2007	08/05/2007
21425/04	TEREKHOVA	13/07/2006	13/10/2006
11589/04	TETSEN	03/04/2008	03/07/2008
38943/04	TIBILOV	02/10/2008	02/01/2009
14296/03	TIKHOV AND OTHERS	27/03/2008	27/06/2008
18465/05	TIMISHEV No. 3	14/06/2007	30/01/2008
44387/04+	TKHYEGEPSO AND OTHERS	25/10/2011	08/03/2012
24651/03	TOLOKONNIKOVA	17/11/2005	12/04/2006
6396/05	TROCHEV	09/10/2008	09/01/2009
11756/06	TRUFANOVA	04/12/2008	04/03/2009
9769/04	TRUNOV	06/03/2008	06/06/2008
43715/05	TULSKAYA	23/10/2008	23/01/2009
21779/04	TYTAR	02/11/2006	02/02/2007
24770/04	USTALOV	06/12/2007	02/06/2008
38035/04	VAKULENKO	14/11/2008	14/02/2009
7237/03	VALENTINA VASILYEVA	17/11/2005	17/02/2006
21430/04	VASILYEVA	13/07/2006	13/10/2006
8011/02	VASILYEVA AND OTHERS	29/06/2006	29/09/2006
3462/04	VERSHININA	26/07/2007	26/10/2007
5555/06	VESELYASHKIN AND VESELYASHKINA	18/12/2008	18/03/2009
38202/07	VLADIMIR MELNIKOV	17/01/2012	17/04/2012
374/03	VOLOKITIN	09/11/2006	09/02/2007
33707/05	VOLOSKOVA	01/02/2007	01/05/2007
33728/05	VORONINA	01/02/2007	01/05/2007
5225/06	VYALYKH	22/02/2007	22/05/2007
35824/04	VYDRINA	29/03/2007	29/06/2007
15021/02	WASSERMAN	18/11/2004	18/02/2005
21071/05	WASSERMAN No. 2	10/04/2008	29/09/2008
34687/02	YAVORIVSKAYA	07/07/2005	07/10/2005
5730/03	YELDASHEV	12/05/2010	12/08/2010
21264/07+	YEMELYANOVY AND OTHERS	14/03/2013	14/03/2013
33720/05	ZAICHENKO	01/02/2007	01/05/2007
24277/03	ZAKOMLISTOVA	14/02/2008	14/05/2008
1144/03	ZAUGOLNOVA	15/12/2005	12/04/2006
8582/05	ZHELTKOV	14/06/2007	14/09/2007
35760/04	ZHUKOV ALEKSANDR	20/12/2007	20/03/2008
5249/06	ZHURALEV	15/01/2009	15/04/2009
23567/06	ZIABREVA	18/12/2008	18/03/2009
13296/03	ZVEREV AND OTHERS	19/07/2007	19/10/2007
33264/02	LEVIN	02/02/2005	02/05/2006
34439/04	AGAPONOVA AND OTHERS	07/02/2008	07/05/2008
8235/03	ALEKSANDR PONOMAREV	06/12/2011	06/12/2011
38720/03	ALEKSANDR POPOV	05/04/2007	05/07/2007
75025/01+	ALEKSENTSEVA AND OTHERS	17/01/2008	17/04/2008
966/03	ALMAYEVA	25/10/2007	25/01/2008
35774/04	ARULEPP	06/11/2008	06/02/2009
32786/04	BAKHAREV AND OTHERS	18/09/2008	18/12/2008
21932/03	BAKHAREV	19/07/2007	19/10/2007
37930/02	BAZHENOV	20/10/2005	20/01/2006
34679/03	BELOTSERKOVETS	03/07/2008	01/12/2008
24620/02	BELYAYEV	25/01/2007	25/04/2007
72558/01	BLAGOVESTNYY	04/07/2006	04/10/2006
1719/02	BUTSEV	22/09/2005	15/02/2006
40642/02	DENISENKOV	22/09/2005	15/02/2006

	34431/04	DENISOVA	18/09/2008	18/12/2008
	28488/04	DOKOLIN	18/09/2008	18/12/2008
	27440/03	FINKOV	08/10/2009	08/01/2010
	41842/04	FITISOV	08/11/2007	08/02/2008
	38719/03	GLUSHAKOVA	12/04/2007	12/07/2007
	38305/02	GOROKHOV AND RUSYAYEV	17/03/2005	12/10/2005
	16583/04	GRIBANENKOV	18/02/2010	18/05/2010
	63995/00	KUKALO	03/11/2005	03/02/2006
	11319/04	KUKALO No. 2	24/07/2008	24/10/2008
	43209/04	LEDOVKIN	21/02/2008	21/05/2008
	35893/04	LEVIN VIKTOR	25/09/2008	25/12/2008
	43282/02	NAYDENKOV	07/06/2007	24/09/2007
	37927/02	NIKOLAYEV	02/03/2006	02/06/2006
	19589/02	PARKHOMOV	20/10/2005	20/01/2006
	15890/04	PETROV VIKTOR	24/07/2008	24/10/2008
	36939/02	PODYAPOLSKIY	12/06/2008	12/09/2008
	26307/02	SHIRYKALOVA	27/03/2008	27/06/2008
	32786/03	SILCHENKO	28/09/2006	28/12/2006
	24664/02	SIVERIN	04/12/2008	04/03/2009
	33660/04	SMELOV	02/10/2008	02/01/2009
	37647/04	SMORODINOVA	17/01/2008	17/04/2008
	34938/04	SUSLIN	23/10/2008	23/01/2009
	39013/05	SVITICH	31/07/2007	31/10/2007
	40543/04	VORONIN	04/12/2008	04/03/2009
	38845/04	ZUBAREV	02/10/2008	02/01/2009
SERBIA / SERBIE
CM/ResDH(2016)269	77268/13	Jelica IVANOVIĆ AND 38 OTHER APPLICATIONS	08/12/2015	Decision
“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA” / « L'EX-REPUBLIQUE YOUGOSLAVE DE MACEDOINE »
CM/ResDH(2016)270	71962/10	Rami FETAOVSKI	23/02/2016	Decision
	13847/11	Pece JANEV AND 2 OTHER APPLICATIONS	15/12/2015	Decision
	61228/12	Zorica LAZAREVSKA	15/03/2016	Decision
	31786/15	Ružica and Pavle MILENKOVSKI	26/01/2016	Decision
	17900/15	Olivera PEHČEVSKA AND 3 OTHER APPLICATIONS	15/12/2015	Decision
TURKEY
CM/ResDH(2016)271	10730/09	Lokman ASLAN	13/01/2015	Decision
	35702/08+	EROĞLU AND OTHERS	24/05/2011	Decision
	20518/08	GÜRAKIN	26/03/2013	Decision
	76649/12	Hüseyin KAHRAMAN	19/05/2015	Decision

Item G

Supervision of the execution of judgments of the European Court of Human Rights –

Preliminary draft annual report 2016

Decision

The Deputies instructed the Secretariat to prepare the draft annual report 2016 along the same lines as the 2015 report and to present a first preliminary draft, and a detailed time-table for the adoption of the 2016 report, at the 1273^rd meeting (December 2016) (DH).

Item 4.1a

Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the Advisory Committee –
Candidates in respect of Albania
CM(2016)108

Decisions

The Deputies

1. having proceeded to election in conformity with Rules 8 and 9 of Resolution Res(97)10, declared elected to the list of experts eligible to serve on the Advisory Committee:

Ms Evis ALIMEHMETI, in respect of Albania;

2. consequently adopted Resolution CM/ResCMN(2016)12, as it appears at Appendix 5 to the present volume of Decisions.

Item 4.1b

Decisions

The Deputies

1. having proceeded to election in conformity with Rules 8 and 9 of Resolution Res(97)10, declared elected to the list of experts eligible to serve on the Advisory Committee:

Mr Einar NIEMI, in respect of Norway;

2. consequently adopted Resolution CM/ResCMN(2016)13, as it appears at Appendix 6 to the present volume of Decisions.

Item 4.1c

Decisions

The Deputies

1. having proceeded to election in conformity with Rules 8 and 9 of Resolution Res(97)10, declared elected to the list of experts eligible to serve on the Advisory Committee:

Mr Goran BAŠIĆ, in respect of Serbia;

2. consequently adopted Resolution CM/ResCMN(2016)14, as it appears at Appendix 7 to the present volume of Decisions.

Appendix 1 / Annexe 1

Cases listed for detailed examination at future DH meetings by decisions
of the Committee / Affaires listées pour un examen détaillé aux prochaines réunions DH,
sur décisions du Comité

1273^rd meeting (December 2016) / 1273^e réunion (décembre 2016)

Application / Requête	Case / Affaire		Judgment of / arrêt du	Final on / définitif le
ALBANIA / ALBANIE
64480/09+	LULI AND OTHERS GROUP / GROUPE LULI ET AUTRES		01/04/2014	01/07/2014
ARMENIA / ARMENIE
40094/05	VIRABYAN GROUP / GROUPE VIRABYAN		02/10/2012	02/01/2013
AZERBAIJAN / AZERBAIDJAN
15172/13	ILGAR MAMMADOV		22/05/2014	13/10/2014
35877/04	MAHMUDOV AND AGAZADE GROUP / GROUPE MAHMUDOV AND AGAZADE		18/12/2008	18/03/2009
BOSNIA AND HERZEGOVINA / BOSNIE-HERZEGOVINE
27996/06	SEJDIĆ AND FINCI GROUP / GROUPE SEJDIĆ AND FINCI		22/12/2009	Grand Chamber / Grande Chambre
BULGARIA / BULGARIE
48609/06	NENCHEVA AND OTHERS / ET AUTRES		18/06/2013	18/09/2013
59491/00	UNITED MACEDONIAN ORGANISATION ILINDEN AND OTHERS GROUPE / ORGANISATION MACEDONIENNE UNIE ILINDEN ET AUTRES GROUPE		19/01/2006	19/04/2006
29263/12	S.Z. GROUP / GROUPE S.Z.		03/03/2015	03/06/2015
FRANCE
9152/09	I.M.		02/02/2012	02/05/2012
GEORGIA / GEORGIE
11830/03	GHARIBASHVILI GROUP / GROUPE GHARIBASHVILI		29/07/2008	29/10/2008
73235/12	IDENTOBA AND OTHERS / ET AUTRES		12/05/2015	12/08/2015
HUNGARY / HONGRIE
36186/97	TÍMÁR GROUP / GROUPE TÍMÁR + GAZSÓ	25/02/2003		09/07/2003
ITALY / ITALIE
25587/94	ABENAVOLI GROUP / GROUPE ABENAVOLI		02/09/1997	02/09/1997
43549/08+	AGRATI AND OTHERS GROUP / GROUPE AGRATI ET AUTRES		07/06/2011 08/11/2012	28/11/2011 08/02/2013
35742/97	LEDONNE (No. 1) GROUP / GROUPE LEDONNE (n° 1)		12/05/1999	12/08/1999
LITHUANIA / LITUANIE
34932/04	PAKSAS	06/01/2011		Grand Chamber / Grande Chambre
REPUBLIC OF MOLDOVA / REPUBLIQUE DE MOLDOVA
18944/02	CORSACOV GROUP / GROUPE CORSACOV	04/04/2006		04/07/2006
17332/03	LEVINTA	16/12/2008		16/03/2009
POLAND / POLOGNE
28761/11	AL NASHIRI GROUP / GROUPE AL NASHIRI (general and individual measures / mesures générales et individuelles)	24/07/2014		16/02/2015
33870/96	FUCHS GROUP / GROUPE FUCHS	11/02/2003		11/05/2003
57722/12	GRABOWSKI	30/06/2015		30/09/2015
ROMANIA / ROUMANIE
40238/02	BUCUR AND / ET TOMA	08/01/2013		08/04/2013
24575/10	ŢICU GROUP / GROUPE ŢICU	01/10/2013		01/01/2014
RUSSIAN FEDERATION / FEDERATION DE RUSSIE
4916/07	ALEKSEYEV	21/10/2010		11/04/2011
43370/04+	CATAN AND OTHERS / ET AUTRES[11]	19/10/2012		Grand Chamber / Grande Chambre
57942/00+	KHASHIYEV AND AKAYEVA GROUP / GROUPE KHASHIYEV ET AKAYEVA (Effectiveness of investigations / Effectivité des enquêtes)	24/02/2005		06/07/2005
14902/04	OAO NEFTYANAYA KOMPANIYA YUKOS	20/09/2011 31/07/2014		08/03/2012 15/12/2014
SERBIA / SERBIE
21794/08	ZORICA JOVANOVIĆ	26/03/2013		09/09/2013
SERBIA AND SLOVENIA / SERBIE ET SLOVENIE^{^[12]}
60642/08	ALIŠIĆ AND OTHERS / ET AUTRES[13]	16/07/2014		Grand Chamber / Grande Chambre
TURKEY / TURQUIE
25781/94 16064/90+	CYPRUS v. TURKEY / CHYPRE c. TURQUIE + VARNAVA AND OTHERS / VARNAVA ET AUTRES (missing persons / personnes portées disparues)		10/05/2001 12/05/2014 18/09/2009	Grand Chamber / Grande Chambre
2668/07+	DINK		14/09/2010	14/12/2010
21924/05	SİNAN IŞIK		02/02/2010	02/05/2010
16064/90+	VARNAVA AND OTHERS + XENIDES-ARESTIS GROUP / VARNAVA ET AUTRES + GROUPE XENIDES-ARESTIS (just satisfaction / satisfaction équitable)		18/09/2009	Grand Chamber
UKRAINE
23465/03	AGROKOMPLEKS		06/10/2011 25/072013	08/03/2012 09/12/2013
19336/04	EAST/WEST ALLIANCE LIMITED		23/01/2014	02/06/2014
39964/02	KHAYLO GROUP / GROUPE KHAYLO		13/11/2008	13/02/2009
65518/01	SALOV GROUP / GROUPE SALOV , OLEKSANDR VOLKOV		06/09/2005	06/12/2005
20372/11	VYERENTSOV GROUP / GROUPE VYERENTSOV		11/04/2013	11/07/2013
UNITED KINGDOM / ROYAUME-UNI
74025/01	HIRST No. 2 GROUP / GROUPE HIRST No. 2	06/10/2005		Grand Chamber / Grande Chambre
28883/95+	MCKERR GROUP / GROUPE MCKERR	04/05/2001		04/08/2001

DH meeting in March 2017 / réunion DH de mars 2017

Application / Requête	Case / Affaire		Judgment of / arrêt du	Final on / définitif le
AZERBAIJAN / AZERBAIDJAN
15172/13	ILGAR MAMMADOV		22/05/2014	13/10/2014
18705/06	NAMAT ALIYEV GROUP / GROUPE NAMAT ALIYEV		08/04/2010	08/07/2010
CROATIA / CROATIE
16212/08	SKENDŽIĆ AND / ET KRZNARIĆ		20/01/2011	20/04/2011
12027/10	STATILEO		10/07/2014	10/10/2014
GREECE / GRECE
35151/05	BEKIR-OUSTA AND OTHERS GROUP / GROUPE BEKIR-OUSTA ET AUTRES	11/10/2007		11/01/2008
ROMANIA / ROUMANIE
47848/08	CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CÂMPEANU / CENTRE DE RESSOURCES JURIDIQUES AU NOM DE VALENTIN CÂMPEANU (legal protection of vulnerable persons / protection juridique des personnes vulnérables)	17/07/2014		Grand Chamber / Grande Chambre
RUSSIAN FEDERATION / FEDERATION DE RUSSIE
57942/00+	KHASHIYEV AND AKAYEVA GROUP / GROUPE KHASHIYEV ET AKAYEVA (Cases in which events took place after 2006 / Affaires concernant les événements qui ont eu lieu après 2006)	24/02/2005		06/07/2005
46082/99	KLYAKHIN GROUP / GROUPE KLYAKHIN [14] (outstanding individual measures / mesures individuelles en suspens)[15]	30/11/2004		06/06/2005
“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA” / « L'EX-REPUBLIQUE YOUGOSLAVE DE MACEDOINE »
39630/09	EL-MASRI[16]		13/12/2012	Grand Chamber / Grande Chambre
TURKEY / TURQUIE
25781/94 16064/90+	CYPRUS v. TURKEY / CHYPRE c. TURQUIE + XENIDES ARESTIS GROUP / GROUPE XENIDES ARESTIS (property rights of the displaced persons / droit de propriété des personnes déplacées)		10/05/2001 12/05/2014 18/09/2009	Grand Chamber / Grande Chambre
UKRAINE
23893/03 38722/02 38906/07 4494/07	KAVERZIN GROUP / GROUPE KAVERZIN AFANASYEV GROUP / GROUPE AFANASYEV KARABET AND OTHERS / ET AUTRES BELOUSOV[17]		15/05/2012 05/04/2005 17/01/2013 07/11/2013	15/08/2012 05/07/2005 17/04/2013 07/02/2014
40107/02 46193/13 39884/05	KHARCHENKO GROUP / GROUPE KHARCHENKO CHANYEV KORNEYKOVA		10/02/2011 09/10/2014 19/01/2012	10/05/2011 09/01/2015 19/04/2012
40450/04 56848/00	YURIY NIKOLAYEVICH IVANOV ZHOVNER GROUP / GROUPE ZHOVNER[18]		15/10/2009 29/06/2004	15/01/2010 29/09/2004

DH meeting in June 2017 / réunion DH de juin 2017

Application / Requête	Case / Affaire	Judgment of / arrêt du	Final on / définitif le
BELGIUM / BELGIQUE
140/10	TRABELSI[19]	04/09/2014	16/02/2015
TURKEY / TURQUIE
25781/94	CYPRUS v. TURKEY / CHYPRE c. TURQUIE (property rights of enclaved Greek Cypriots and their heirs / des droits de propriété des Chypriotes grecs enclavés et de leurs héritiers	10/05/2001 12/05/2014	Grand Chamber / Grande Chambre

DH meeting in September 2017 / réunion DH de septembre 2017

Application / Requête	Case / Affaire	Judgment of / arrêt du	Final on / définitif le
BULGARIA / BULGARIE
41488/98	VELIKOVA GROUP / GROUPE VELIKOVA	18/05/2000	04/10/2000

Appendix 3

(Item A2)

INDICATIVE LIST OF CASES FOR THE 1273^rd MEETING (DECEMBER 2016) (DH)

No	Case	State	Application	Judgment final on	Violation
1	LULI AND OTHERS GROUP	ALBANIA	64480/09+	01/07/2014	Excessive length of civil proceedings and absence of a remedy in that respect.
2	VIRABYAN	ARMENIA	40094/05	02/01/2013	Ill-treatment and torture in police custody and ineffective investigations.
3	ILGAR MAMMADOV	AZERBAIJAN	15172/13	13/10/2014	Arrest and pre-trial detention to punish the applicant for having criticised the government, in breach of Article 18 taken in conjunction with Article 5.
4	MAHMUDOV AND AGAZADE GROUP	AZERBAIJAN	35877/04	18/03/2009	Violation of the right to freedom of expression, arbitrary application of the law on defamation.
5	SEJDIĆ AND FINCI GROUP	BOSNIA AND HERZERGOVINA	27996/06	22/12/2009	Ethnic-based discrimination on account of the ineligibility of persons non-affiliated with one of the "constituent peoples" (Bosnians, Croats or Serbs) to stand for election to the House of Peoples (the upper chamber of Parliament) and the Presidency.
6	NENCHEVA AND OTHERS	BULGARIA	48609/06	18/09/2013	Lack of prompt and sufficient measures to prevent deaths of children placed in public care, during a severe economic, financial and social crisis in 1996-1997; lack of prompt and effective investigation into these deaths.
7	S.Z. GROUP	BULGARIA	29263/12	03/06/2015	Ineffective investigations into rape, sequestration and incitement to prostitution committed by private individuals.
8	I.M.	FRANCE	9152/09	02/05/2012	Lack of an effective remedy to challenge a removal measure.
9	GHARIBASHVILI GROUP	GEORGIA	11830/03	29/10/2008	Lack of effective investigations into allegations of violations of the right to life or ill-treatment; excessive use of force by the police in the course of arrest and/or in custody.
10	IDENTOBA AND OTHERS	GEORGIA	73235/12	12/08/2015	Lack of protection against homophobic attacks during a demonstration.
11	GAZSÓ + TÍMÁR GROUP	HUNGARY	36186/97	09/07/2003	Excessive length of judicial proceedings and lack of an effective remedy in this respect.
12	ABENAVOLI GROUP	ITALY	25587/94	02/09/1997	Excessive length of proceedings before the administrative courts.
13	AGRATI AND OTHERS GROUP	ITALY	43549/08+	28/11/2011	Retrospective application of legislation to on-going judicial proceedings to calculate the length of service of school staff.
14	LEDONNE (No. 1) GROUP	ITALY	35742/97	12/08/1999	Excessive length of proceedings before the criminal courts
15	PAKSAS	LITHUANIA	34932/04	06/01/2011	Permanent and irreversible ban from standing for parliamentary elections due the applicant’s removal from presidential office following impeachment proceedings.
16	CORSACOV GROUP	REPUBLIC OF MOLDOVA	18944/02	04/07/2006	Ill-treatment and torture in police custody; ineffective investigations; lack of an effective remedy.
17	LEVINTA	REPUBLIC OF MOLDOVA	17332/03	16/03/2009	Conviction based on evidence obtained under torture.
18	AL NASHIRI GROUP	POLAND	28761/11	16/02/2015	Violations related to secret rendition operations by the CIA (individual and general measures)
19	FUCHS GROUP	POLAND	33870/96	11/05/2003	Excessive length of proceedings before administrative bodies and courts; lack of an effective remedy.
20	GRABOWSKI	POLAND	57722/12	30/09/2015	Deprivation of liberty of a juvenile in the framework of correctional proceedings against him, without a specific court order.
21	BUCUR AND TOMA	ROMANIA	40238/02	08/04/2013	Conviction of a whistle-blower for having disclosed information on the illegal secret surveillance of citizens by the Intelligence Service; lack of safeguards in the statutory framework governing secret surveillance
22	ŢICU GROUP	ROMANIA	24575/10	01/01/2014	Ill-treatment in prison due to the inadequate management of the applicants’ psychiatric pathologies.
23	ALEKSEYEV	RUSSIAN FEDERATION	4916/07	11/04/2011	Repeated bans on the holding of gay rights marches and pickets; lack of effective remedies; discrimination on grounds of sexual orientation in the exercise of the right to freedom of peaceful assembly
24	CATAN AND OTHERS	RUSSIAN FEDERATION	43370/04	19/10/2012	Violation of the right to education of children and parents using Latin script language schools in the Transdniestrian region of the Republic of Moldova.
25	KHASHIYEV AND AKAYEVA GROUP	RUSSIAN FEDERATION	57942/00	06/07/2005	Violations resulting from, or relating to antiterrorist operations in the Northern Caucasus, mainly in Chechnya.
26	OAO NEFTYANAYA KOMPANIYA YUKOS	RUSSIAN FEDERATION	14902/04	08/03/2012 15/12/2014	Violations concerning tax and enforcement proceedings brought against the applicant oil company, leading to its liquidation in 2007.

No	Case	State	Application	Judgment final on	Violation
27	ALIŠIĆ AND OTHERS[20]	SERBIA AND SLOVENIA^{^[21]}	60642/08	16/07/2014	Inability to recover “old” foreign-currency savings deposited in Bosnian-Herzegovinian branches of banks incorporated in Serbia and Slovenia, respectively.
28	CYPRUS v. TURKEY + VARNAVA AND OTHERS	TURKEY	25781/94 16064/90+	10/05/2001 12/05/2014 18/09/2009	14 violations in relation to the situation in the northern part of Cyprus (cluster of the missing persons)
29	DINK	TURKEY	2668/07+	14/12/2010	Failure of the authorities to protect the life and freedom of expression of a journalist, lack of an effective investigation, criminal investigation for “denigrating Turkishness"
30	SİNAN IŞIK	TURKEY	21924/05	02/05/2010	Violation of the applicant’s freedom not to disclose his religion in that he was under an obligation to disclose his beliefs as a result of the obligatory indication of religion on his identity card.
31	AGROKOMPLEKS	UKRAINE	23465/03	08/03/2012 09/12/2013	Unfairness of commercial proceedings involving the applicant company and infringement of the right to peaceful enjoyment of its possessions.
32	EAST/WEST ALLIANCE LIMITED	UKRAINE	19336/04	02/06/2014	Interference with the applicant company’s property rights resulting from the seizure, sale to third parties, disappearance or material damage to its property in the course of various proceedings brought against it by different authorities and lack of effective remedy in this respect.
33	KHAYLO GROUP	UKRAINE	39964/02	13/02/2009	Violations of right to life (in particular on account of medical negligence) and lack of effective investigation.
34	SALOV GROUP, OLEKSANDR VOLKOV	UKRAINE	65518/01 21722/11	06/12/2005 27/05/2013	Various violations related to the independence and impartiality of the judiciary; interference of the executive power with the judiciary; unfair disciplinary proceedings brought against a judge.
35	VYERENTSOV GROUP	UKRAINE	20372/11	11/07/2013	Deficiencies in the legislation and administrative practices governing the right of freedom of assembly, notably leading to unforeseeable convictions of participants in demonstrations.
36	HIRST No. 2 GROUP	UNITED KINGDOM	74025/01	06/10/2005	Blanket ban on voting imposed automatically on convicted prisoners serving their sentences.
37	MCKERR GROUP	UNITED KINGDOM	28883/95+	04/08/2001	Actions of security forces in Northern Ireland in the 1980s and 1990s.

Appendix 5

(Item 4.1a)

Resolution CM/ResCMN(2016)12
Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the Advisory Committee
in respect of Albania

(Adopted by the Committee of Ministers on 21 September 2016
at the 1265^th (DH) meeting of the Ministers’ Deputies)

The Committee of Ministers,

By virtue of Article 26, paragraph 2 of the Framework Convention for the Protection of National Minorities and of Rule 9 of Resolution Res(97)10 (Rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention for the Protection of National Minorities),

Considering that the Government of Albania ratified the Framework Convention for the Protection of National Minorities on 28 September 1999, and that the Convention entered into force in respect of Albania on 1\January 2000;

Having regard to the nominations of candidates, in accordance with Rule 8 of Resolution Res(97)10, by Albania by letter on 24 June 2016;

Having proceeded to election by secret ballot,

Declare elected to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities on 21 September 2016:

Ms Evis ALIMEHMETI, in respect of Albania.

Appendix 6

(Item 4.1b)

Resolution CM/ResCMN(2016)13
Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the Advisory Committee
in respect of Norway

(Adopted by the Committee of Ministers on 21 September 2016
at the 1265^th (DH) meeting of the Ministers’ Deputies)

The Committee of Ministers,

Considering that the Government of Norway ratified the Framework Convention for the Protection of National Minorities on 17 March 1999, and that the Convention entered into force in respect of Norway on 1 July 1999;

Having regard to the nominations of candidates, in accordance with Rule 8 of Resolution Res(97)10, by Norway by letter on 1 July 2016;

Having proceeded to election by secret ballot,

Declare elected to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities on 21 September 2016:

Mr Einar NIEMI, in respect of Norway.

Appendix 7

(Item 4.1c)

Resolution CM/ResCMN(2016)14
Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the Advisory Committee
in respect of Serbia

(Adopted by the Committee of Ministers on 21 September 2016
at the 1265^th (DH) meeting of the Ministers’ Deputies)

The Committee of Ministers,

Considering that the Government of Serbia acceded to the Framework Convention for the Protection of National Minorities on 11 May 2001, and that the Convention entered into force in respect of Serbia on 1_September 2001;

Having regard to the nominations of candidates, in accordance with Rule 8 of Resolution Res(97)10, by Serbia by letter on 13 June 2016;

Having proceeded to election by secret ballot,

Declare elected to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities on 21 September 2016:

Mr Goran BAŠIĆ, in respect of Serbia.

[1] Case against the Russian Federation and the Republic of Moldova but the European Court found no violation in respect of the Republic of Moldova.

[2] Case against Greece and Italy. The violations in respect of Greece are examined in the context of the M.S.S. group.

[3] Toteva, Anzhelo Georgiev, Kazakova, Osman, Krastanov, Rashid, Stefan Iliev, Vladimir Georgiev, Sashov and Others, Boyko Ivanov, Vasil Petrov, Georgi Dimitrov, Angel Vaskov Angelov, Lenev, Velev, Dimitar Dimitrov, Shishkovi, Velikova, Hristovi, Ognyanova and Choban, Ivan Vasilev and Nikolova and Velichkova cases.

[4] Case against Italy and Greece. The violations in respect of Greece are examined in the context of the M.S.S. group.

[5] 2013/2702(RSP; 2012/2033(INI); 2006/2200(INI)

[6] Opening Statement by UN High Commissioner for Human Rights 2013; A/HRC/22/52; A/HRC/19/61; A/HRC/14/46

[7] European Parliament Resolution on the Alleged Transportation and Illegal Detention of Prisoners in European Countries by the CIA (2013/2702(RSP)); European Parliament Resolution on Alleged Transportation and Illegal Detention in European Countries by the CIA: Follow-up of the European Parliament TDIP Committee Report (2012/2033(INI)); European Parliament Resolution on the Alleged Use of European Countries by the CIA for the Transportation and Illegal Detention of Prisoners (2006/2200(INI)).

[8] Opening Statement by UN High Commissioner for Human Rights at the 23rd session of the Human Rights Council, Geneva, 27 May 2013; UN Human Rights Council Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, 2013 Annual Report (A/HRC/22/52); UN Human Rights Council Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, focusing on commissions of inquiry in response to patterns or practices of torture or other forms of ill-treatment (January 2012) (A/HRC/19/61); UN Human Rights Council Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, “Compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism, including on their oversight” (May 2010) (A/HRC/14/46).

[9] Except cases which are grouped with judgments which predate the new working methods. For a full list see Appendix 2.

[10] Case against the Russian Federation and the Republic of Moldova but the Court struck out the complaints against the Republic of Moldova / Affaire contre la Fédération de Russie et la République de Moldova mais la Cour a rayé du rôle les griefs contre la République de Moldova.

[11] Case against the Republic of Moldova and the Russian Federation but the European Court found no violation in respect of the Republic of Moldova. / Affaire contre la République de Moldova et la Fédération de Russie mais la Cour européenne n’a constaté aucune violation au titre de la République de Moldova.

[12] Case against Bosnia and Herzegovina, Croatia, Serbia, Slovenia and “the Former Yugoslav Republic of Macedonia” but the Court found violations only in respect of Serbia and Slovenia. / Affaire contre la Bosnie-Herzégovine, la Croatie, la Serbie, la Slovénie et « l’ex-République yougoslave de Macédoine » mais la Cour n’a constaté des violations qu’à l’égard de la Serbie et de la Slovénie.

[13] Decision to resume consideration of the case in respect of Serbia / Décision de reprendre l’examen de l’affaire au titre de la Serbie.

[14] At the latest / au plus tard.

[15] Pichugin case and Khodorkovskiy and Lebedev case / Affaire Pichugin et affaire Khodorkovskiy et Lebedev.

[16] At the latest / au plus tard.

[17] At the latest / au plus tard.

[18] At the latest / au plus tard.

[19] At the latest / au plus tard.

[20] Decision to resume consideration of the case in respect of Serbia

[21] Case against Bosnia and Herzegovina, Croatia, Serbia, Slovenia and “the former Yugoslav Republic of Macedonia” but the Court found violations only in respect of Serbia and Slovenia.