Resolution CM/ Res DH ( 2020 ) 219

Execution of the judgment s of the European Court of Human Rights

Two cases against Bulgaria

(Adopted by the Committee of Ministers on 21 October 2020

at the 1386 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

35355/08

VELCHEVA

09/06/2015

09/02/2017

09/09/2015

09/05/2017

41064/05

HADZHIGEORGIEVI

16/07/2013

16/10/2013

13/04/2015

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of non-enforcement or delayed enforcement of final judgments for restitution of agricultural and/or forestry land nationalised during the communist era, where the applicants acquired a right to specific plots of agricultural or forestry land (violation s of Article 1 of Protocol No. 1), and in the case of Velch е va also on account of the authorities’ prolonged failure to comply with a domestic judgment (violation of Article 6 § 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

- o f 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(2020)168 );

Considering that the question of individual measures was resolved given that either the plot of land had been returned to the applicants and the European Court awarded damages for the prolonged impossibility to use that plot, or the European Court awarded financial compensation in lieu of the applicant’s entitlement to restitution of land and damages for the prolonged non-enforcement of the domestic judgment;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the se judgments continues to be examined within the framework of the case of Mutishev and Others group 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.