Resolution CM/ ResDH (2013) 119

Dimitrov-Kazakov against Bulgaria

Execution of the judgment of the European Court of Human Rights

(Adopted by the Committee of Ministers on 19 June 2013 at the 1174th meeting of the Ministers ’ Deputies)

(Application No. 11379/03 , judgment of 10/02/2011 , final on 10/05/2011 )

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 the above case and to the violations established;

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 is 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 its above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2013)495rev );

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.

ACTION REPORT

Case DIMITROV-KAZAKOV v. Bulgaria

Application No. 11379/03

Judgment of 10 February 2011

Final on 10 May 2011

1. Convention violation found

This case concerns the violation of the applicant ’ s right to respect for his private life due to the enlistment of his name in the police records concerning the “ offenders ” (between 1997 and 2003) on the basis of a confidential internal instruction of the M inistry of Interior from 1993 and despite the fact that no charges have ever been brought against the applicant. The Court found that the interference with the applicant ’ s right to respect for his private life was not “ in accordance with the law ” within the meaning of Article 8 § 2, as the instruction of 1993 was not accessible to the public (violation of Art icle 8). The Court also found that the applicant did not have an effective remedy in this respect (violation of Art icle 8 taken in conjunction with Art icle 13).

2. Individual measures

The applicant ’ s name was struck out from the police records in 2002 (see § 11 from the Court ’ s judgment).

The Court did not award compensation to the applicant.

No further individual measures are necessary for execution of the judgment.

3. General measures

a) main legislative amendments and administrative measures

i . Violation of Article 8

There is a new legal framework adopted after the period concerned – Ministry of Interior Act, in force from 01.05.2006 and new secondary legislation – rules, regulations, decrees, etc.

The relevant instruction of the Minister of I nternal A ffairs – No I-90/24.12.1993, was revoked in the beginning of 2002.

New decrees which regulate the order for the police registration were promulgated in State Gazette in 2003 and 2007. The Decrees were public.

Currently, Decree No Iz-701/17.03.2011 on police registration, promulgated in State Gazette on 01.04.2011, is in effect and this secondary legislation is also public.

According to the current legal framework , police registration of personal data is made only when charges are brought in relation to a serious wilful crime. The relevant police authorities ex officio or upon request from the person concerned are under obligation put an end to the police registration, inter alia , in the cases when the criminal proceedings at stake are discontinued or the person is acquitted (Art icle 160 of the Ministry of Interior Act).

ii. Violation of Article 13

Chapter III Decree No Iz-701/17.03.2011 on police registration defines the rules for striking off data from the police records, including ex officio . Everyone can appeal against a refusal of the police authorities before the administrative courts.

The Court noted in its judgment that a domestic remedy has been introduced back in 2003 (see § 37 of the judgment).

iii. Other relevant measures

The Code of Ethics adopted by the Interior Ministry lists a number of rules of conduct for police officers. Special tr aining courses are being organis ed for employees.

Within the Interior Ministry there is a permanent Standing Committee on Human Rights and Police Ethics, whose activities include the analysis and implementation of the ECHR decisions . [1]

The Commission for Personal Data Protection (hereafter “CPDP”), on the basis of the provision of Section 2 § 2 (2) and (3) of the Protection of Personal Data Act, prohibiting the further processing of data for purposes other than those for which the information was originally collected, has established a firm practice to control the police registration and in its decisions (see, for example Decision No. 8 of 03.21.2007 year and Decision No. 16 of 05.07.2006 year) and has already found violations of the Interior Ministry when filling in police registrations. In both of the above-mentioned cases , the CPDP considered the processing of personal data by the Ministry incorrect and illegal and the Ministry of Interior has undertaken to destroy the police registrations of the applicants.

b) publication and dissemination of the judgment

In addition to the legislative and other measures described above, the translation of the judgment in Bulgarian will be available soon on the Ministry of Justice website at http://www.justice.govern m ent.bg/ . The translation of the judgment will be sent to the competent authorities through a circular letter drawing their attention on the main conclusions of the ECHR ’ s judgment.

Such decisions of the ECHR are included in National Institute of Justice lectures.

Moreover, the translation of this judgment in Bulgarian was published in the review edited by the Supreme Lawyers ’ Council.

NGOs work on the dissemination of the decisions of ECHR on that issue. The Foundation “Access to Information” discussed the issue in its Informational Bulletin ISSN 1313-6496.

Conclusion: the g overnment considers that it has fulfilled its obligations and that no further individual or general measures are necessary in this case.

[1] See the report for measures taken at

http://www.mvr.bg/NR/rdonlyres/065FFA5C-7050-4398-BDC3-FC9C083A5344/0/otchet_2009.pdf