Resolution CM/ResDH(2023)369
Execution of the judgment of the European Court of Human Rights
Behar and Gutman against Bulgaria
(Adopted by the Committee of Ministers on 7 December 2023
at the 1483rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
29335/13
BEHAR AND GUTMAN
16/02/2021
16/05/2021
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 judgment transmitted by the Court to the Committee in this case and to the violation established on account of the failure of domestic courts to discharge a positive obligation to afford redress to the applicants, persons of Jewish origin, for anti-Semitic public statements made by a leader of a political party (violation of Article 14 taken in combination with Article 8 of the Convention);
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 individual measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)464);
Considering that the question of individual measures was resolved, given that the applicants did not avail themselves of the possibility to request the reopening of the domestic proceedings, that the Court indicated that the finding of a breach of the Convention could be seen as amounting to sufficient just satisfaction in respect of any non-pecuniary damage suffered by the applicants and that the applicants received just satisfaction for the costs and expenses incurred;
Recalling that the question of the general measures required continues to be examined within the framework of the Budinova and Chaprazov case, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the positive obligation of the domestic courts to afford redress to persons for discriminatory statements;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures in the case of Budinova and Chaprazov;
DECIDES to close the examination of this case.