Resolution CM/ ResDH (2017)419 Execution of the judgment of the European Court of Human Rights Raza against Bulgaria

(Adopted by the Committee of Ministers on 7 December 2017 at the 1302 nd meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

31465/08

RAZA

11/02/2010

11/05/2010

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 shortcomings of the judicial review in respect of the expulsion of foreign nationals (violations of Articles 8 and 13), as well as the unjustified length of detention pending expulsion and the absence of a review of lawfulness meeting the requirements of the Convention (violations of Article 5, paragraph 1 (f) 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 information provided by the government to give effect to the judgment, in particular as regards the quashing of the restrictive measures in respect of the applicant and the introduction of rules on the judicial review of the detention pending expulsion, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2017)8 and DH-DD(2017)1100 );

Noting also that important steps for the execution of the Raza case have been undertaken through the introduction and improvement of the judicial review of the detention pending expulsion and that the implementation of the safeguards in respect of Article 5, paragraphs 1 and 4, of the Convention is entirely taken up in the cases of M . and Others and Auad which remain under the supervision of the Committee;

Recalling that the general measures required to respond to the shortcomings established by the Court in this judgment relating to the judicial review of detention pending expulsion continues to be examined in the context of the C.G. and Others , Auad and M. and Others cases;

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.