Resolution CM/ResDH(2017)383
Execution of the judgments of the European Court of Human Rights
Eight cases against Bulgaria
(Adopted by the Committee of Ministers on 22 November 2017
at the 1300th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
55523/00
ANGELOVA AND ILIEV
26/07/2007
26/10/2007
26827/08
ABDU
11/03/2014
11/06/2014
17253/07
DIMITAR SHOPOV
16/04/2013
16/07/2013
33114/03
GENCHEVI
10/02/2011
10/05/2011
3832/06
M.N.
27/11/2012
27/02/2013
43606/04
YOTOVA
23/10/2012
23/01/2013
49669/07
P.M.
24/01/2012
24/04/2012
52744/07
DIMOVI
06/11/2012
06/02/2013
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 ineffectiveness of investigations into deaths, rapes or ill-treatment perpetrated by private individuals due mainly to long periods of total inactivity at the pre-trial stage and/or the failure of the authorities to investigate a possible racist motive, but also to a number of other shortcomings of the investigations (violations of Articles 2, 3 and 14);
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 action report provided by the government indicating the measures adopted in order to give effect to the judgments, in particular to eliminate the long periods of total inactivity at pre-trial stage and to secure proper investigation of possible racist motives of offences having resulted into death or injury, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)1224);
Noting that the authorities have committed themselves to continue their efforts aimed at eliminating the other causes for the ineffectiveness of the investigations established in these cases and to provide information in this respect, including on the functioning of the newly adopted acceleratory remedy in criminal matters, in the context of the examination of the S.Z. group and/or the Velikova group of cases which remain under the supervision of the Committee;
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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