Resolution CM/ResDH(2021)227

Execution of the judgments of the European Court of Human Rights

Two cases against Bulgaria

(Adopted by the Committee of Ministers on 13 October 2021

at the 1414 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

34957/12

GOVEDARSKI

16/02/2016

16/05/2016

55388/10

STOYANOV AND OTHERS

31/03/2016

30/06/2016

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 degrading treatment suffered by the applicants, due to the psychological effects of the disproportionate manner of arrests and the lack of effective remedy in this respect (violations of Articles 3 and 13), the interference with the applicants’ right to respect for their homes during searches that were not surrounded by sufficient guarantees against arbitrariness and the lack of an effective remedy in this respect (violations of Articles 8 and 13), and the breach of the presumption of innocence (violation of Article 6, paragraph 2);

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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)932 );

Considering that the question of individual measures was resolved, given that:

- criminal investigation is not indispensable in situations where the disproportionate manner of arrest caused degrading treatment due to the psychological effects, as the Court had admitted that a civil remedy to obtain compensation could also suffice, and the applicants were awarded just satisfaction for non-pecuniary damage by the Court;

- the criminal proceedings initiated against the applicant in the Govedarski case and against two of the applicants in the Stoyanov and Others case have been terminated and the items seized have been restored;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases continues to be examined within the framework of the Gutsanovi group, Peev group and Maksim Savov case 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 as regards the individual measures and

DECIDES to close the examination of these cases.