Resolution CM/ ResDH (2019)82 Execution of the judgment of the European Court of Human Rights Karzhev against Bulgaria

(Adopted by the Committee of Ministers on 24 April 2019 at the 1344 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

60607/08

KARZHEV

07/09/2017

07/09/2017

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 an infringement of the applicant’s freedom of expression who was convicted of insult and sentenced to pay an administrative fine as well as civil damages to the injured party the level of which the Court found to be excessive, without sufficient justification or appropriate analysis of the different interests at stake by the domestic court, and based on domestic legislation that treated the official capacity of the injured parties as an automatic aggravating circumstance (violation of Article 10);

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 individual measures adopted 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(2018)736 );

Considering that the question of individual measures was resolved given that the applicant was exempted from criminal responsibility in the domestic proceedings against him and that the authorities have paid the amounts awarded as just satisfaction covering, inter alia , the fine, the damages and the costs and expenses paid by the applicant in the domestic proceedings against him;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Bozhkov group cases and that the closure of this case 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 this case as regards the individual measures and

DECIDES to close the examination of this case.