Resolution CM/ResDH(2017)57
Execution of the judgments of the European Court of Human Rights
Thirty-four cases against Bulgaria
(Adopted by the Committee of Ministers on 22 February 2017 at the 1278th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
20484/05
ARABADZHIEV AND ALEXIEV
21/12/2010
21/12/2010
19315/04
ATANASOV
09/12/2010
09/12/2010
30949/04
DELOV
24/02/2011
24/02/2011
36552/03
DIMITROV MAXIM
07/01/2010
07/04/2010
50401/99
DIMITROV VASKO YORDANOV
03/05/2006
03/08/2006
17911/03
F.G
04/03/2010
04/06/2010
32461/02
HRISTOV IVAN
20/03/2008
20/06/2008
67189/01
IVANOV
24/05/2007
12/11/2007
27776/04
IVANOV
25/11/2010
25/11/2010
49163/99
KALPACHKA
02/11/2006
02/02/2007
65051/01
KARAGYOZOV
25/10/2007
25/01/2008
45964/99
KAROV
16/11/2006
26/03/2007
13364/05
KECHEV
26/07/2012
26/07/2012
50326/99
KOLEV
28/04/2005
28/07/2005
21205/04
KOLEV ILIYA
13/01/2011
13/01/2011
33231/04
KONOVSKI
02/09/2010
02/12/2010
30380/03
LISEV
26/02/2009
26/05/2009
43428/02
MYASHEV
08/01/2009
08/04/2009
38106/02
NALBANTOVA
27/09/2007
27/12/2007
44241/98
NEDYALKOV
03/11/2005
03/02/2006
54178/00+
OSMANOV AND YUSEINOV
23/09/2004
23/12/2004
23240/04
RANGELOV AND STEFANOV
01/04/2010
01/07/2010
56337/00
REZOV
15/02/2007
15/05/2007
55057/00
SIDJIMOV
27/01/2005
27/04/2005
58733/00
SODADJIEV
05/10/2006
05/01/2007
25382/04
STEFANOV AND YURUKOV
01/04/2010
01/07/2010
62594/00
TERZIEV
12/04/2007
12/07/2007
72636/01
VALKOV
08/01/2009
08/04/2009
61257/00
VASILEV AND OTHERS
08/11/2007
08/02/2008
27207/04+
YANKOV AND MANCHEV
22/10/2009
22/01/2010
4570/05
YANKOV AND OTHERS
23/09/2010
23/12/2010
70728/01
YANKOV No. 2
07/02/2008
07/05/2008
45563/99
ZHBANOV
22/07/2004
22/10/2004
39143/06
ZHELEV
15/01/2013
15/01/2013
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, in particular those concerning Article 6 paragraph 1 (excessive length of criminal proceedings due to lengthy periods of inactivity at the pre-trial stage, the repeated remittals of cases to this stage and the failure to appear of witnesses or co-accused) and Article 13 (the lack of effective remedy in this area);
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 including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2016)1415);
Noting first the introduction of a combination of domestic compensatory remedies which has been considered as effective by the European Court;
Noting furthermore that the general measures adopted so far have allowed the elimination of delays caused by lengthy periods of inactivity at pre-trial stage;
Noting also that important steps have been made in the execution process as concerns the other identified causes for delay, which are closely linked to the effectiveness of the criminal investigations, and that the authorities have committed themselves to continue their efforts aimed at fully eliminating them in the context of the cases from the S.Z. group which are under the supervision of the Committee;
Noting moreover the commitment of the Bulgarian authorities to speed up the proceedings before the overburdened courts and to put in place an effective acceleratory remedy in criminal matters, in the context of the remaining cases from the Kitov group still under the supervision of the Committee;
Noting finally that the question, raised in the Nedyalkov case, concerning the lack of examination by the first instance court of the existence of a reasonable suspicion that the detainee has committed a criminal offence (violation of Article 5 § 4) is examined in the context of the Bochev group of cases;
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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