Resolution CM/ ResDH (2021)42

Execution of the judgment of the European Court of Human Rights

M.A. and Others 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

5115/18

M.A. AND OTHERS

20/02/2020

20/06/2020

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 failure of the courts to examine rigorously the claims of the applicants, Muslim Uighur, relating to a risk of ill-treatment or death in China in the event of expulsion, including the absence of an automatically suspensive remedy (potential violations of Articles 2 and 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 information provided by the government indicating the individual measures adopted in order to give effect to the judgments and noting that the Court did not award any just satisfaction (see document DH-DD(2021)23-rev3 );

Considering that the question of individual measures was resolved, given that even though the applicants are believed to have left the territory of Bulgaria, the authorities presented guarantees that they will not be expelled to China or to a third country, in which they would incur a risk of removal to China;

Recalling that the question of the 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 cases Auad and M. and Others from the C.G. and Others group of cases and that the closure of this case therefore in no way prejudges their evaluation by the Committee;

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.