Resolution CM/ ResDH (2019) 328 Execution of the judgment of the European Court of Human Rights Iordan Petrov against Bulgaria

(Adopted by the Committee of Ministers on 5 December 2019 at the 1 362 nd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

22926/04

IORDAN PETROV

24/01/2012

24/04/2012

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 concerning the stringent custodial regime and the poor material conditions of detention of the applicant and the lack of effective remedies (violations of Articles 3 and 13), the ill-treatment of the applicant while in detention in 2001 and 2003 and the lack of effective investigation into those events (violations of Article 3), as well as the use of the applicant’s confessions obtained in breach of Article 3 (violation of Article 6 , paragraph 1) and the monitoring of his correspondence with his lawyer (violation of Article 8);

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 concerning the measures adopted to prevent similar violations of Article 6, paragraph 1, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)1306 );

Having noted that the individual measures in respect of the applicant’s custodial regime and material conditions of detention after 2012 will continue to be examined in the framework of the more recent Petrov and Others judgment;

Having noted that the general measures related to the poor conditions of detention, prolonged application of a restrictive penitentiary regime and lack of effective remedies remain under the supervision of the Committee in the context of the Kehayov and Neshkov and Others group of cases;

Having noted that the general measures related to ill-treatment during arrest, in police detention or in penitentiary facilities and the lack of an effective investigation into such events remain under the supervision of the Committee in the context of the Velikova group of cases;

Having noted that the general measures needed to prevent violations concerning the monitoring of correspondence of prisoners were examined in the framework of the Petrov group of cases (see Final Resolution CM/ ResDH ( 2014)258 );

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 .