Resolution CM/ResDH(2017)418
Execution of the judgments of the European Court of Human Rights
Three cases against Bulgaria
(Adopted by the Committee of Ministers on 7 December 2017
at the 1302nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
58149/08
AMIE AND OTHERS
12/02/2013
12/05/2013
1537/08
KAUSHAL AND OTHERS
02/09/2010
02/12/2010
45237/08
MADAH AND OTHERS
10/05/2012
10/08/2012
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 established concerning the shortcomings of the judicial review in respect of the expulsion of foreign nationals (violations of Articles 8 and 13 and Article 1 of Protocol No. 7), as well as the unjustified length of detention pending expulsion and the absence of a review of lawfulness meeting the requirements of the Convention (violations of Article 5, paragraph 1 (f) and 4);
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the information provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2017)8 and DH-DD(2017)1100);
Recalling that the Committee considered in its decisions adopted at its 1222nd (Madah and Others, Kaushal and Others) and 1280th (Amie and Others) meetings that no additional individual measure was required in these cases;
Recalling that the general measures required to respond to the shortcomings established by the Court in the present judgments continue to be examined in the context of the C.G. and Others, Auad and M. and Others cases, and that the closure of these cases is therefore without prejudice in any way to the Committee’s assessment of the general measures necessary to ensure judicial review of the expulsion orders in conformity with the requirements of Articles 3, 8 and 13 of the Convention and of Article 1 of Protocol No. 7, as well as the compliance with the requirements of Article 5, paragraphs 1 (f) and 4 concerning detention pending expulsion,
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.
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