Resolution CM/ ResDH (2018)196 Execution of the judgments of the European Court of Human Rights Five cases 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

44076/98

ANGELOV

22/04/2004

22/07/2004

45466/99+

RAHBAR-PAGARD

06/04/2006

06/07/2006

67353/01

SIRMANOV

10/05/2007

10/08/2007

1152/03

YANAKIEV DIMITAR

02/07/2009

02/10/2009

20875/07

PASHOV AND OTHERS

05/02/2013

05/05/2013

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 impossibility for the applicants to obtain enforcement of State debts (violations of Article 6, paragraph 1, and/or Article 1 of Protocol No. 1) and different shortcomings in the first applicant ’ s pre-trial detention in the Rahbar-Pagard case (violations of Article 5, paragraphs 3 and 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 report provided by the government indicating the measures adopted to give effect to the judgments, including the information on the measures ensuring prompt payment of State debts and the procedures put in place to compel the administration to implement final judgments rendered in favour of private persons, as well as the information provided on the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)456 );

Having noted that the questions raised by the lack of effective remedies, within the meaning of Article 13 of the Convention, for speeding up or redressing the negative consequences of delayed enforcement concerning claims against the State, will be entirely taken over in the context of the examination of the Chorbov case (Application No. 39942/13);

Having also noted that the questions raised by the impossibility to obtain enforcement of State debts due to the liquidation of State entities remain under the supervision of the Committee in the context of the Gavrilov case;

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

DECIDES to close the examination thereof.