Resolution CM/ResDH(2009)62[1]
Execution of the judgment of the European Court of Human Rights
in the case of Lotter and Lotter against Bulgaria
(Application No. 39015/97, judgment of 19 May 2004 - friendly settlement)
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 in this case, transmitted by the Court to the Committee;
Recalling that the applicants’ admissible complaints in this case concerned alleged breaches of their right to freedom of religion and of the prohibition of discrimination due to the withdrawal of their residence permits and the order to leave the country based on an alleged threat to national security (complaints under Articles 9 and 14 of the Convention) (see details in Appendix);
Whereas in these cases the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under this friendly settlement it was agreed that the government of the respondent state would pay the applicants certain sums in respect of non-pecuniary damage, as well as costs and expenses (see Appendix);
Whereas, according to the friendly settlement, the Bulgarian government undertook in particular to annul the decisions withdrawing the applicants' residence permits and to submit before the European Court additional information concerning the administrative modifications to the legal status of Jehovah's Witnesses in Bulgaria;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having satisfied itself that on 18 June 2004 the government of the respondent state paid the applicants the sums provided in the friendly settlement;
Noting that the Bulgarian authorities, in accordance with their undertaking under the friendly settlement, had cancelled the decisions withdrawing the applicants' residence permits and had submitted additional information concerning the legal status of Jehovah's Witnesses in Bulgaria (see details in Appendix);
Having examined the information supplied by the government of Bulgaria,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case;
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2009)62
Information about the measures to comply with the judgment in the case of
Lotter and Lotter against Bulgaria
Introductory case summary
The applicants, who are Jehovah's Witnesses, complained that the Bulgarian authorities' decisions to withdraw their residence permits and order them to leave the country in December 1995 based on an alleged threat to national security violated their freedom of religion (complaint under Article 9) and were discriminatory (complaint under Article 14).
I.Payment and individual measures
a) Details of payment
Non-pecuniary damage
Costs and expenses
Total
Paid on
3,000 Euros
5,000 Euros
8 000 euros
16/06/2004
b) Individual measures
Orders Nos. 1759 and 1761 of 1 December 1995 withdrawing the applicants' residence permits have been annulled by decision of the Director of the Regional Directorate of the Ministry of Interior in Plovdiv of 16 August 2004.
II.General measures
In January 2005 the Bulgarian authorities provided information concerning some of the most important provisions of the new Religious Denominations Act of 2002 and the present legal status of Jehovah's Witnesses. According to this information Jehovah's Witnesses were officially recognised and registered as a religious denomination by order of the Deputy Prime Minister No.P-51/1998. In 2003, pursuant to paragraph 3 of the Religious Denominations Act, the Sofia City Court registered ex officio the Jehovah's Witnesses as a legal entity (file No.1665/2003). The authorities indicated that the organisation has more than 30 regional sections, registered by the mayors according to Article 19 of the Religious Denominations Act.
[1] Adopted by the Committee of Ministers on 2 April 2009 at the 1051st meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy