European Court of Human Rights

Interim Resolution CM/ResDH(2009)74¹

Execution of the judgment of the European Court of Human Rights

Gongadze against Ukraine

(Application No. 34056/02, judgment of 08/11/2005, final on 08/02/2006)

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”);

Recalling that, in the present judgment, the Court unanimously found a violation of Article 2 of the Convention on account of the authorities' failure to protect the life of the applicant's husband;

Recalling further that the Court also found a violation of Articles 2 and 13 of the Convention on account of the failure for more than 4 years to conduct an effective investigation into the disappearance and death of the applicant's husband and the lack of an effective remedy in this respect, as well as a violation of Article 3 of the Convention on account of the investigatory authorities' attitude towards the applicant and her family, amounting to inhuman and degrading treatment;

Stressing the obligation of every state, under Article 46, paragraph 1, of the Convention, to abide by the judgments of the Court;

Recalling that the Committee has been supervising the execution of the present judgment since 2006 and that the investigation into the circumstances of the applicant's husband's abduction and murder has been pending since 2001;

Recalling that on 15 March 2008 three former police officers were convicted for G. Gongadze's murder;

Recalling that, in its first Interim Resolution CM/ResDH(2008)35 adopted on 5 June 2008, the Committee urged the authorities of the respondent state to take all necessary investigative steps aimed at identifying and bringing to justice the instigators and organisers of the crime with reasonable expedition;

Noting with satisfaction the developments that have taken place since the adoption of the Committee of Ministers' Interim Resolution;

Taking note in this respect that the phonoscopic examination of the so-called Melnychenko recordings by the joint group of Ukrainian and foreign experts is under way and planned to be completed by November 2009;

Noting further the re-arrest of the immediate superior of the convicted former police officers, O. Pukach, who has been wanted for four years;

Noting with satisfaction that a number of investigative measures have been promptly taken following the arrest of O. Pukach;

Noting in this context that remains of a human skull were found and rapidly submitted to a forensic medical examination, which concluded that the remains belonged to G. Gongadze;

Welcoming the attitude of the investigating authorities towards the applicant, in particular, the rapid actions taken to respond to the applicant's request for an additional DNA test of the remains of the skull by international experts;

Recalling in this respect the Ukrainian authorities' position that the results of the recent investigative actions may be decisive for the identification of instigators and organisers of the murder of the applicant's husband,

STRONGLY ENCOURAGES the Ukrainian authorities, in the light of the recent developments, to enhance their efforts with a view to bringing to an end the ongoing investigation while bearing in mind the findings of the Court in this case;

INVITES the respondent state to continue keeping the Committee regularly informed of the measures taken, and the results achieved, to ensure full execution of the judgment;

DECIDES to resume consideration of this case, at the latest, at its first Human Rights meeting in 2010.