Resolution CM/ResDH(2013)103
Dimitar Ivanov against Bulgaria
Execution of the judgment of the European Court of Human Rights
(Application No. 19418/07, judgment of 14 February 2012)
(Adopted by the Committee of Ministers on 6 June 2013
at the 1172nd meeting of the Ministers’ Deputies)
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 the above case and to the violations established;
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 is 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 its above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order 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(2013)548);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
Action report in the case of Dimitar Ivanov v. Bulgaria
Application No. 19418/07, judgment of 14/02/2012, final on 14/02/2012
Case description:
This case concerns the infringement of the applicant’s freedom of movement due to unjustified prohibition to leave Bulgaria imposed in 2007 on the ground that the applicant had been criminally convicted and not yet rehabilitated (violation of Art. 2 Prot. 4). It also concerns the excessive length of criminal proceedings and the lack of effective remedy in this respect (violations of Articles 6 § 1 and 13).
I.Individual measures
The travel ban has been lifted. It should be noted that a transitional provision of the Bulgarian Personal Documents Act, which entered into force on 10/04/2010, specified that within three months of its entry into force all existing measures previously imposed under section 76(2) of this Act would cease to have effect.
The criminal proceedings ended in 2006.
The European Court awarded the applicant non-pecuniary damage for the suffering and distress he experienced. The Government has paid the sums awarded.
The Government thus considers that no further individual measures are necessary in this case.
II.General measures
The general measures concerning this case have been examined in the context of the supervision of the case of Nalbatnski - see final resolution CM/ResDH(2012)156.
On the basis of the considerations above the Government is of the view that no further general measures are necessary in this case.
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