Resolution CM/ ResDH (2017)229 Execution of the judgment of the European Court of Human Rights Djalti against Bulgaria

(Adopted by the Committee of Ministers on 6 September 2017 at the 1292 nd meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

31206/05

DJALTI

12/03/2013

12/06/2013

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 judgment transmitted by the Court to the Committee in this case and to the violations established concerning the long period of detention of the applicant without diligent efforts to secure his removal from the country (violation of Article 5, paragraph 1 (e)), as well the lack of speedy judicial review of the applicant ’ s detention and the impossibility for the domestic courts to order his immediate release (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 to give effect to the judgment, including the information on the introduction of the possibility for a court to order the release of a detained foreign national and the additional safeguards introduced concerning the length and time-limits for judicial review of detention pending expulsion or removal, as well as the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)756 );

Having noted that the functioning of the current legal framework governing the length of detention and the time-limits for judicial review of detention of foreign nationals pending expulsion or removal is being examined in the framework of the C.G. and others group of cases v. Bulgaria;

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.