Resolution CM/ ResDH (2018)358 Execution of the judgment of the European Court of Human Rights Baltaji against Bulgaria

(Adopted by the Committee of Ministers on 3 October 2018 at the 1326 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

12919/04

Baltaji

12/07/2011

12/10/2011

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 violations established concerning the expulsion of the applicant in 2003, based on national security grounds, without any independent review of this measure (violations of Articles 8 and 13, as well as of Article 1 of Protocol No. 7);

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, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD (2018)741 );

Having noted that the outstanding questions related to the functioning of the remedies in the area of expulsion of foreigners based on national security considerations are entirely taken up in the cases from the C.G. and Others group which remains under the supervision of the Committee of Ministers;

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.