Resolution CM/ResDH(2017)420
Execution of the judgments of the European Court of Human Rights
13 cases against Bulgaria
(Adopted by the Committee of Ministers on 7 December 2017
at the 1302nd meeting of the Ministers’ Deputies)
Application
Case
Judgment of
Final on
37104/97
KITOV
03/04/2003
03/07/2003
27240/04
RUMEN GEORGIEV
14/10/2010
14/10/2010
27402/05
NACHEV
21/12/2010
21/12/2010
33560/06
PETKO YORDANOV
26/07/2012
26/07/2012
35549/04
KOSTOV AND OTHERS
16/12/2010
16/12/2010
41008/04
GERDZHIKOV
04/02/2010
04/05/2010
43586/04
ANGELOV AND OTHERS
04/11/2010
04/02/2011
4551/05
GEORGIEV AND OTHERS
24/02/2011
24/02/2011
38299/05
SPAS TODOROV
05/11/2009
05/02/2010
40495/04
FILIPOV
10/06/2010
10/09/2010
45950/99
DJANGOZOV
08/07/2004
08/10/2004
9143/02
JELIAZKOV AND OTHERS
03/04/2008
03/07/2008
19207/04
PETKO IVANOV
26/03/2009
26/06/2009
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 concerning the excessive length of civil and criminal proceedings and the lack of an effective remedy in this respect (violations of Articles 6 and 13), as well as the excessive length of the pre-trial detention of the applicant in the Filipov case (violation of Article 5 § 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 action report provided by the government indicating the measures adopted to give effect to the judgments, in particular the introduction of an acceleratory remedy in criminal matters and the amendments concerning the duration of the preliminary inquiry and the opening of the pre-trial investigation, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)1133);
Considering that the measures adopted by the authorities constitute an important additional safeguard for the prevention of violations relating to non-observance of the reasonable time requirement in criminal proceedings or in civil proceedings dependent on criminal proceedings;
Having noted that the question of the functioning of the new acceleratory remedy in criminal matters is entirely taken up in the context of the S.Z. / Kolevi group, which remains under the supervision of the Committee;
Noting in addition the introduction of a combination of compensatory domestic remedies which has been considered effective by the European Court;
Noting finally that the question raised in the Filipov case concerning the excessive length of the applicant’s pre-trial detention was examined in the context of the Evgeni Ivanov group of cases, closed by Final Resolution CM/ResDH(2012)164;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
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