Resolution CM/ResDH(2023)407
Execution of the judgment of the European Court of Human Rights
Kirilov and Others against Bulgaria
(Adopted by the Committee of Ministers on 13 December 2023
at the 1484th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
12487/09
KIRILOV AND OTHERS
22/06/2017
22/06/2017
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 violations established on account of poor conditions of detention and overcrowding in penitentiary facilities and the lack of effective remedies (violations of Articles 3 and 13);
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 judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)698-rev);
Considering that the question of individual measures was resolved, given that most of the applicants were not detained at the time when the European Court’s judgment was delivered and the conditions of detention of Mr Mihaylov have been improved following renovation works and he has at his disposal an effective preventive remedy;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Kehayov group and the Neshkov and Others 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 required;
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 group Kehayov and in the case of Neshkov and Others;
DECIDES to close the examination of this case.
Full & Egal Universal Law Academy