Resolution CM/ ResDH ( 2021)29

Execution of the judgments of the European Court of Human Rights

Two cases against Bulgaria

(Adopted by the Committee of Ministers on 11 March 2021

at the 1398 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

38361/97

ANGUELOVA

13/06/2002

13/09/2002

43233/98

OSMAN

16/02/2006

16/05/2006

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 concerning the suspicious death of the applicant’s son in police custody, ill-treatment by law-enforcement agents and lack of timely medical assistance (in the Anguelova case) or ill-treatment by law-enforcement agents during an eviction of the applicants from a property (in the Osman case) and the lack of effective investigations into these events (violations of Articles 2, 3 and 13), as well as unlawful detention of the applicant’s son in the Anguelova case (violation of Article 5, paragraph 1) and unlawful destruction of property during eviction in the Osman case (violation of Article 1 of Protocol No. 1);

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 judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court, and in particular regarding the general measures adopted in relation to the unlawful detention and unlawful destruction of property (see document DH-DD(2020)1055 );

Recalling that the Committee considered at its 1265 th and 1383 rd Human Rights meetings (in September 2016 and in October 2020 respectively) that no further individual measure was possible in these cases, while expressing deep regret that in the Anguelova case the authorities had failed to thoroughly investigate the suspicious behaviour of the police officers highlighted in the judgment before the prescription of the facts;

Having noted that the general measures required to prevent ill-treatment, death or lack of timely medical assistance under the responsibility of law-enforcement agencies and to ensure effective investigations into such incidents and domestic remedies continue to be examined in the Velikova and S.Z./ Kolevi groups of cases and that the closure of the present cases therefore in no way prejudges the Committee’s evaluation of the general measures in this respect;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.