Resolution CM/ ResDH (2017)360 Execution of the judgment of the European Court of Human Rights Zhechev against Bulgaria

(Adopted by the Committee of Ministers on 25 October 2017 at the 1298 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

57045/00

ZHECHEV

21/06/2007

21/09/2007

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 violation established concerning the unjustified refusal by the domestic courts to register an association in 1999 on the ground that its aims were political and characteristic solely of political parties and that they were incompatible with the Constitution (violation of Article 11);

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 including information regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)1114 );

Having noted that important steps have been made in the execution process, in particular through the adoption of a new registration mechanism for associations and of awareness-raising measures to avoid unjustified refusals to register associations, motivated by the political tenor of their aims;

Having noted that the outstanding questions concerning the functioning of the new registration mechanism and its capacity to secure the examination of registration requests of associations in full compliance with the requirements of the Convention are entirely taken up in the Umo Ilinden and others group of 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.