Resolution CM/ ResDH (2020)52

Execution of the judgment of the European Court of Human Rights

Vanchev against Bulgaria

(Adopted by the Committee of Ministers on 4 June 2020 at the 1377 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

60873/09

VANCHEV

19/10/2017

05/03/2018

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 violation established concerning the applicant ’ s unjustified detention in 1996-1997 and 2003 due, inter alia , to a failure to deduct from a prison sentence a period of pre-trial and the infringement of his right to access to a court in proceedings for damages against the State because of the excessive amount of court fees (violations of Articles 5, paragraph 1, and 6, paragraph 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 in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)75 );

Having noted that the question of the general measures needed to allow for a judicial review where there is a dispute between a prisoner and the Prosecutor ’ s Office as to whether a period of detention on remand has been properly deducted from a prison sentence are examined in the context of the Svetoslav Dimitrov case which remains under the supervision of the Committee;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.