Resolution CM/ ResDH (2017)361 Execution of the judgment of the European Court of Human Rights Gavril Yosifov 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

74012/01

GAVRIL YOSIFOV

06/11/2008

06/02/2009

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 impossibility for the applicant to obtain judicial examination of the lawfulness of his detention after conviction by a first instance court (violation of Article 5, paragraph 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 in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)1115 );

Having noted that the outstanding questions concerning the existence of a legal review, meeting the requirements of Article 5, paragraph 4, of the lawfulness of detention after final conviction and detention for 72 hours ordered by a prosecutor are examined respectively in the context of the Stoichkov , Ivan Todorov and Svetoslav Dimitrov cases, as well and in the Kandzhov and Zvezdev cases;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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.