Resolution CM/ResDH(2021)352
Execution of the judgment of the European Court of Human Rights
Posevini 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
63638/14
POSEVINI
19/01/2017
19/04/2017
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 violation established on account of the lack of an effective remedy in respect of the searches, carried out in the applicants’ house and in a photography studio in 2014 (violation of Article 13 in conjunction with Article 8 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 report 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)1207);
Considering that the question of individual measures was resolved given that the items seized were returned to the first applicant and that the Court awarded the applicants non-pecuniary damage;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Peev and Iliya Stefanov group of cases 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 and
DECIDES to close the examination of this case.