18:49 26.09.2013

CoE Committee of Ministers assesses execution by Ukraine of ECHR judgments on Tymoshenko case

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The Committee of Ministers of the Council of Europe, after assessing the execution by Ukraine of the judgments of the European Court of Human Rights (ECHR) in the case of former Ukrainian Prime Minister Yulia Tymoshenko, has noted the complexity of correcting the violations detected and urged Kyiv to provide information on further measures to guarantee compliance with the Human Rights Convention.

This is stated in the decision of the CoE Committee of Ministers, which was adopted in Strasbourg on Thursday, the committee's press service told Interfax-Ukraine.

"The deputies noted the complex execution questions raised by the violations found in the case of Tymoshenko against Ukraine, as in the Lutsenko case, in particular as regards the responses to the violation of Article 18 taken together with Article 5 of the Convention," reads the decision.

In addition, the ministers noted "with concern" that the Higher Specialized Court for Civil and Criminal Cases had rejected the applicant's request for a reopening of the criminal proceedings at issue on formal grounds, without any substantial examination of the possible impact of the violation of Article 18 taken together with Article 5 on these proceedings.

"[The deputies] invited, consequently, the Ukrainian authorities to provide information on further possibilities that could be explored to ensure that the authorities draw all of the necessary conclusions from the Court's findings in this case," reads the decision.

The ministers, noting their decisions in the Lutsenko case, reiterated the need to receive information from the Ukrainian authorities on the measures adopted and/or envisaged to ensure compliance with Article 18 taken together with Article 5 in the Ukrainian justice system, over and above the reform of the Code of Criminal Procedure, as well as their encouragement to continue to make full use of the co operation programs of which Ukraine is a beneficiary, with a view to putting rapidly in place these measures.

The ministers also noted that the general measures in response to the violations of Articles 5§1, 5§4 and 5§5 are examined in the context of the Kharchenko group of cases.

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