Resolution CM/ ResDH (2019)308 Execution of the judgment of the European Court of Human Rights National Turkish Union and Kungyun against Bulgaria

(Adopted by the Committee of Ministers on 5 December 2019 at the 1362 nd meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

4776/08

NATIONAL TURKISH UNION AND KUNGYUN

08/06/2017

08/09/2017

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 unjustified refusal of the Bulgarian courts in 2006-2007 to register the applicant association “National Turkish Union” promoting the rights of the Muslim minority in Bulgaria, based on considerations of national security and on the constitutional prohibition on associations pursuing political goals (violation of Article 11);

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 judgment, in particular the information regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)1186-rev );

Having noted, as regards the individual measures, that according to the information available to date, the applicant association has not filed a new application for registration to the competent authorities;

Having noted, as regards the general measures, that numerous associations of the Turkish minority in Bulgaria have been registered;

Having noted, in this context, that questions related to the functioning of the new administrative registration mechanism for associations before the Registration Agency and to the need to adopt further measures to secure Convention-compliant examination of registration requests of associations remain under the supervision of the Committee in the context of the examination of the United Macedonian Organisation Ilinden and Others group of cases;

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.