Resolution CM/ ResDH (2018)195 Execution of the judgment of the European Court of Human Rights Didov against Bulgaria

(Adopted by the Committee of Ministers on 7 June 2018 at the 1318 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

27791/09

DIDOV

17/03/2016

17/06/2016

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 authorities ’ failure to demonstrate that the applicant had been placed in police custody upon a “reasonable suspicion” of having committed an offence (violation of Article 5, paragraph 1, c)), and the lack of an enforceable right to compensation in this respect (violation of Article 5, paragraph 5) ;

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 in particular the new domestic legal framework and judicial practice requiring to base police detention orders on specific circumstances substantiating a reasonable suspicion that the person concerned has committed an offence, as well as the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)458 );

Having noted that the measures aiming to prevent future similar violations of Article 5, paragraph 5, are examined in the case of Petkov and Profirov against Bulgaria 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.