Resolution CM/ ResDH (2019)56 Execution of the judgments of the European Court of Human Rights Three cases against Bulgaria

(Adopted by the Committee of Ministers on 14 March 2019 at the 1340 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

75832/13

M.M.

08/06/2017

08/09/2017

41887/09

GAPAEV AND OTHERS

01/06/2017

01/06/2017

55950/09

GRABCHAK

01/06/2017

01/06/2017

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 judgments transmitted by the Court to the Committee in these cases and to the violations established concerning the shortcomings of judicial review in respect of the expulsion of aliens in the Gapaev and Others and Grabchak cases (violations of Articles 8 and 13), as well as the lack of speedy judicial review of detention pending expulsion in the M.M. case (violation of Article 5, paragraph 4);

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 plan provided by the government indicating the individual measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)139 );

Considering that no further individual measures are necessary in these cases, given that Mr M.M. is no longer detained, that Mr Grabchak failed to request the re-examination of the expulsion order and that Mr Gapaev benefited from a Convention-compliant re-examination of the measures against him;

Recalling that the general measures required to respond to the shortcomings established by the Court in these judgments continue to be examined in the context of the C.G. and Others and M. and Others cases, and that the closure of these cases is therefore without prejudice in any way to the Committee’s assessment of the general measures necessary to ensure judicial review of expulsion orders in conformity with the requirements of Articles 8 and 13 of the Convention, as well as of compliance with the requirements of Article 5, paragraph 4 concerning detention pending expulsion,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.