Resolution CM/ResDH(2021)354
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
72936/14
I.P.
19/01/2017
19/04/2017
76336/16
D.K.
08/12/2020
08/03/2021
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 lack of a remedy which would have enabled the applicants to benefit from an examination of the lawfulness of their placement in a temporary reception centre for minors, in 2014 and 2016 respectively, as guaranteed by Article 5, paragraph 4, of the Convention;
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 plan provided by the government indicating the individual measures adopted in order effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)543);
Considering that no further individual measures are necessary, given that the applicants are already of age and therefore cannot be subjected to placement in a temporary reception centre for minors and that the European Court awarded them compensation for non-pecuniary damage;
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 A. and Others 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.