Resolution CM/ ResDH (2017)48 Execution of the judgment of the European Court of Human Rights Bekirski against Bulgaria

(Adopted by the Committee of Ministers on 8 February 2017 at the 1277 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

71420/01

BEKIRSKI

02/09/2010

21/02/2011

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 of Articles 2, 3 and 38 of the Convention concerning the torture and the death of the applicants’ relative which occurred under the responsibility of the law-enforcement agencies, the lack of effective investigation into these abuses and the authorities’ failure to provide all the necessary facilities to enable an effective examination of the application;

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(2016)1255 );

Having noted the conclusion of the authorities that the violation of Article 38 of the Convention in this case represents an isolated incident, as well as th eir commitment to avoid in the future any similar incident;

Having noted that the questions related to the violations of Articles 2 and 3 of the Convention are examined in the context of the Velikova group which remains under the supervision of the Committee of Ministers;

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.