Resolution CM/ResDH(2021)146

Execution of the judgments of the European Court of Human Rights

Six cases against Bulgaria

(Adopted by the Committee of Ministers on 16 September 2021

at the 1411 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

72663/01

NIKOLAY DIMITROV

27/09/2007

27/12/2007

19406/05

ZASHEVI

02/12/2010

02/03/2011

44862/04

DIMITROVA AND OTHERS

27/01/2011

27/04/2011

23302/03

ANNA TODOROVA

24/05/2011

24/08/2011

32662/06

BISER KOSTOV

10/01/2012

10/04/2012

41717/09

STOEV AND OTHERS

11/03/2014

11/06/2014

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 effective investigation into deaths or alleged ill-treatment inflicted by private individuals (violations of Article 2 or Article 3 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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)104-rev );

Considering that no further individual measures are possible or necessary, given that:

- in the Dimitrova and Others and Biser Kostov cases the domestic criminal proceedings were reopened and the cases re-examined, taking into account the European Court’s findings;

- in the Nikolay Dimitrov , Anna Todorova and Stoev and Others cases the reopening or continuation of the criminal proceedings was not possible because of the expiry of the absolute prescription period for criminal prosecution;

- in the Zashevi case the reopening was considered impossible and groundless because of the exceptional number and seriousness of the deficiencies of the initial investigation, having led to loss or spoiling of a large amount of key evidence and an acquittal, which were identified both by the national courts and by the European Court;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases related in particular to long periods of total inactivity at pre-trial stage was closed by Final Resolution CM/ResDH(2017)383 adopted in the Angelova and Iliev group, in which the Committee noted the authorities’ commitment to continue their efforts aimed at eliminating the other causes for the ineffectiveness of the investigations established in the cases from this group in the context of the examination of the S.Z. group and/or the Velikova group of cases, which remain under the supervision of the Committee;

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.