Resolution CM/ ResDH (2017)362 Execution of the judgment of the European Court of Human Rights Dzhabarov and Others 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

6095/11+

DZHABAROV AND OTHERS

31/03/2016

30/06/2016

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 unlawful detention of the applicants by the police (violations of Article 5, paragraph 1, (c) and the failure of domestic courts to compensate them for the detention in breach of the Convention (violations of Article 5, paragraph 5);

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 to give effect to the judgment, in particular those taken to ensure an enforceable right to compensation in respect of detention in breach of the Convention, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)1083 );

Noting that the general measures required to prevent possible unlawful detentions by the police are examined within the framework of the Petkov and Profirov and Didov 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.