Resolution CM/ ResDH (201 7 ) 406 Execution of the judgment of the European Court of Human Rights Shishkovi against Bulgarie

(Adopted by the Committee of Ministers on 7 December 2017 at the 1 30 2 nd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

17322/04

Shishkovi

25/06/2010

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 ill-treatment suffered by the applicants and the lack of effective investigation in this respect (substantive and procedural violations of Article 3), as well as the lack of effective domestic remedy to claim compensation following the automatic termination of the criminal investigation against the suspects after the expiry of a certain period of time (violation of Article 13);

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 in order to give effect to the judgment, in particular the legislative amendments having eliminated the causes of the violation of Article 13, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)1223 );

Noting that the authorities have committed themselves to continue their efforts aimed at eliminating the other causes of ineffectiveness of the investigations established in this case and to provide information in this respect, including on the functioning of the newly adopted acceleratory remedy in criminal matters, in the context of the examination of the Velikova group and/or the S.Z . group of cases which remain under the supervision of the Committee,

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.