Resolution CM/ ResDH (2017)383 Execution of the judgments of the European Court of Human Rights Eight cases against Bulgaria

(Adopted by the Committee of Ministers on 22 November 2017 at the 1300 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

55523/00

ANGELOVA AND ILIEV

26/07/2007

26/10/2007

26827/08

ABDU

11/03/2014

11/06/2014

17253/07

DIMITAR SHOPOV

16/04/2013

16/07/2013

33114/03

GENCHEVI

10/02/2011

10/05/2011

3832/06

M.N.

27/11/2012

27/02/2013

43606/04

YOTOVA

23/01/2013

49669/07

P.M.

24/04/2012

52744/07

DIMOVI

06/11/2012

06/02/2013

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 ineffectiveness of investigations into deaths, rapes or ill-treatment perpetrated by private individuals due mainly to long periods of total inactivity at the pre-trial stage and/or the failure of the authorities to investigate a possible racist motive, but also to a number of other shortcomings of the investigations (violations of Articles 2, 3 and 14);

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 judgments, in particular to eliminate the long periods of total inactivity at pre-trial stage and to secure proper investigation of possible racist motives of offences having resulted into death or injury, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)1224 );

Noting that the authorities have committed themselves to continue their efforts aimed at eliminating the other causes for the ineffectiveness of the investigations established in these cases 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 S.Z . group and/or the Velikova 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 these cases and

DECIDES to close the examination thereof.