Resolution CM/ ResDH (2019)236 Execution of the judgment of the European Court of Human Rights Hristovi against Bulgaria

(Adopted by the Committee of Ministers on 25 September 2019 at the 1355 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

42697/05

HRISTOVI

11/10/2011

11/01/2011

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 lack of effective investigation into allegations of ill-treatment due, inter alia , to a failure to identify and question masked police officers from special units (violation of Article 3);

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 plans provided by the government indicating the measures adopted to give effect to the judgment, and more specifically the introduction of an obligation for police officers who take part in special police operations to display individual identification numbers, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2016)847 and DH-DD(201 9)808 );

Recalling that, in view of the information submitted, the Committee considered at its 1265 th meeting (September 2016) that no further individual measure was possible in this case due to the expiry of the relevant prescription period, which was established by the competent domestic courts;

Recalling that the question of general measures required in response to the other shortcomings found by the Court in the present judgment continues to be examined within the framework of the Velikova group of cases and of the S.Z. / Kolevi group of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required to prevent ineffective investigation into allegations of ill-treatment;

Noting that the measures required to avoid violations of Article 3 due to the psychological suffering caused by the use of disproportionate force in making an arrest and the existence of an adequate domestic remedy in this respect are examined in the context of the Gutsanovi 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.