Resolution CM/ResDH(2021)351
Execution of the judgments of the European Court of Human Rights
Two cases against Bulgaria
(Adopted by the Committee of Ministers on 8 December 2021
at the 1420th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
61731/11
KAMENOVA
16/05/2019
16/05/2019
42218/13
SHEYTANOVA
01/09/2020
01/09/2020
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 the excessive duration of the restitution proceedings concerning land collectivised during the communist period (violations of Article 1 of Protocol No. 1);
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 judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)1201);
Considering that the question of individual measures was resolved given that the Court awarded to the applicants non-pecuniary and pecuniary damage suffered from the unjustifiably delayed restitution proceedings, that the applicant in the Sheytanova case has received the compensation in lieu of restitution due to her and that the Court found that after 2013 it was up to the applicant in the Kamenova case to take the necessary steps to finalise the restitution proceedings;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Lyubomir Popov group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.