Resolution CM/ ResDH (2021)104

Execution of the judgment of the European Court of Human Rights

Stefan Stankov against Bulgaria

(Adopted by the Committee of Ministers on 9 June 2021 at the 1406 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

25820/07

STEFAN STANKOV

17/03/2015

17/06/2015

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 on account of the unlawful placement of the applicant, suffering from a mental disorder, in a social care home, a lack of judicial remedy to challenge the lawfulness of the placement and a lack of a right to compensation, the impossibility for the applicant to request directly from the courts to revoke his partial guardianship, as well as the inhuman and degrading living conditions in the social care home and the lack of effective remedies in this respect (violations of Article 5, paragraph 1(e), Article 5, paragraph 4, and 5, Article 6, paragraph 1, and Articles 3 and 13) ;

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 information 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 documents DH-DD(2017)400 and DH-DD(2021)367 );

Considering that the question of individual measures was resolved, given that following legislative reforms of 2017 the applicant has now direct access to court to request restoration of his legal capacity and that he has already filed such a claim, as well as that he now lives, at his request, in a protected dwelling;

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 Stanev case and that the closure of this case therefore in no way prejudges the Committee ’ s evaluation of the general measures in relation to the above violations;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as regards the individual measures and

DECIDES to close the examination of this case.