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CASE OF ARABADZHIEV AND ALEXIEV AND 33 OTHER CASES AGAINST BULGARIA

Doc ref: 20484/05, 19315/04, 30949/04, 36552/03, 50401/99, 17911/03, 32461/02, 67189/01, 27776/04, 49163/99, ... • ECHR ID: 001-172001

Document date: February 22, 2017

  • Inbound citations: 175
  • Cited paragraphs: 9
  • Outbound citations: 0

CASE OF ARABADZHIEV AND ALEXIEV AND 33 OTHER CASES AGAINST BULGARIA

Doc ref: 20484/05, 19315/04, 30949/04, 36552/03, 50401/99, 17911/03, 32461/02, 67189/01, 27776/04, 49163/99, ... • ECHR ID: 001-172001

Document date: February 22, 2017

Cited paragraphs only

Resolution CM/ ResDH (2017)57 Execution of the judgments of the European Court of Human Rights Thirty-four cases against Bulgaria

(Adopted by the Committee of Ministers on 22 February 2017 at the 1278 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

20484/05

ARABADZHIEV AND ALEXIEV

21/12/2010

21/12/2010

19315/04

ATANASOV

09/12/2010

09/12/2010

30949/04

DELOV

24/02/2011

24/02/2011

36552/03

DIMITROV MAXIM

07/01/2010

07/04/2010

50401/99

DIMITROV VASKO YORDANOV

03/05/2006

03/08/2006

17911/03

F.G

04/03/2010

04/06/2010

32461/02

HRISTOV IVAN

20/03/2008

20/06/2008

67189/01

IVANOV

24/05/2007

12/11/2007

27776/04

IVANOV

25/11/2010

25/11/2010

49163/99

KALPACHKA

02/11/2006

02/02/2007

65051/01

KARAGYOZOV

25/10/2007

25/01/2008

45964/99

KAROV

16/11/2006

26/03/2007

13364/05

KECHEV

26/07/2012

26/07/2012

50326/99

KOLEV

28/04/2005

28/07/2005

21205/04

KOLEV ILIYA

13/01/2011

13/01/2011

33231/04

KONOVSKI

02/09/2010

02/12/2010

30380/03

LISEV

26/02/2009

26/05/2009

43428/02

MYASHEV

08/01/2009

08/04/2009

38106/02

NALBANTOVA

27/09/2007

27/12/2007

44241/98

NEDYALKOV

03/11/2005

03/02/2006

54178/00+

OSMANOV AND YUSEINOV

23/09/2004

23/12/2004

23240/04

RANGELOV AND STEFANOV

01/04/2010

01/07/2010

56337/00

REZOV

15/02/2007

15/05/2007

55057/00

SIDJIMOV

27/01/2005

27/04/2005

58733/00

SODADJIEV

05/10/2006

05/01/2007

25382/04

STEFANOV AND YURUKOV

01/04/2010

01/07/2010

62594/00

TERZIEV

12/04/2007

12/07/2007

72636/01

VALKOV

08/01/2009

08/04/2009

61257/00

VASILEV AND OTHERS

08/11/2007

08/02/2008

27207/04+

YANKOV AND MANCHEV

22/10/2009

22/01/2010

4570/05

YANKOV AND OTHERS

23/09/2010

23/12/2010

70728/01

YANKOV No. 2

07/02/2008

07/05/2008

45563/99

ZHBANOV

22/07/2004

22/10/2004

39143/06

ZHELEV

15/01/2013

15/01/2013

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, in particular those concerning Article 6 paragraph 1 (excessive length of criminal proceedings due to lengthy periods of inactivity at the pre-trial stage, the repeated remittals of cases to this stage and the failure to appear of witnesses or co-accused) and Article 13 (the lack of effective remedy in this area);

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 including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2016)1415 );

Noting first the introduction of a combination of domestic compensatory remedies which has been considered as effective by the European Court;

Noting furthermore that the general measures adopted so far have allowed the elimination of delays caused by lengthy periods of inactivity at pre-trial stage;

Noting also that important steps have been made in the execution process as concerns the other identified causes for delay, which are closely linked to the effectiveness of the criminal investigations, and that the authorities have committed themselves to continue their efforts aimed at fully eliminating them in the context of the cases from the S.Z . group which are under the supervision of the Committee;

Noting moreover the commitment of the Bulgarian authorities to speed up the proceedings before the overburdened courts and to put in place an effective acceleratory remedy in criminal matters, in the context of the remaining cases from the Kitov group still under the supervision of the Committee;

Noting finally that the question, raised in the Nedyalkov case, concerning the lack of examination by the first instance court of the existence of a reasonable suspicion that the detainee has committed a criminal offence (violation of Article 5 § 4) is examined in the context of the Bochev group of cases;

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.

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