Resolution CM/ResDH(2023)365
Execution of the judgments of the European Court of Human Rights
Two cases 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
58400/16
DIMITAR ANGELOV
21/07/2020
21/10/2020
65417/16
POGOSYAN-AHENOBARB
20/04/2021
20/04/2021
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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of poor conditions of detention, as well as the prolonged isolation or lack of activities in the case of Dimitar Angelov (violations of Article 3);
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(2021)698-add, DH-DD(2021)698-rev and
DH-DD(2022)1043);
Considering that the question of individual measures was resolved in these cases, given that:
- the material conditions in which the applicant in the Pogosyan-Ahenobarb case is detained have been substantially improved, he has at his disposal an effective domestic remedy and has not raised any claims about the current conditions of his detention before the Committee;
- the material conditions in which the applicant in the Dimitar Angelov case is detained have been substantially improved, he is allowed to spend more time outside his cell, he has access to several domestic remedies, which appear relevant and effective, and has not raised any claims about the current conditions of his detention before the Committee;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Kehayov group of cases and the case of Neshkov and others, also in the light of the Court’s findings in this these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to poor conditions of detention, prolonged isolation or lack of activities;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures in the cases Kehayov and Neshkov and Others;
DECIDES to close the examination of these cases.