Resolution CM/ResDH(2023)279
Execution of the judgment of the European Court of Human Rights
Peev against Bulgaria
(Adopted by the Committee of Ministers on 18 October 2023
at the 1478th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
64209/01
PEEV
26/07/2007
26/10/2007
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 concerning the unlawful search, under domestic law, operated in 2000 in the office of a civil servant, outside the context of a criminal investigation, and the termination of his work contract in retaliation for a letter he had published in the press, criticising the Chief Prosecutor (violations of Article 8 and of Article 10), as well as the lack of an effective remedy in this respect (violations of Article 13 taken in conjunction with Article 8 and Article 10);
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 judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)737-rev);
Having noted that the measures needed to prevent violations of Article 8 resulting from searches and seizures in the context of criminal investigation, which are disproportionate or are not attended by sufficient guarantees for their lawfulness, as well as violations of Article 13 due to the lack of an effective remedy allowing the lawfulness of such search and seizure measures to be contested and compensation obtained continue to be examined in the context of the Iliya Stefanov group;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
Full & Egal Universal Law Academy