117 3rd meeting – 11-12 June 2013

Appendix 2

( Item H46-1 )

Resolution CM/ ResDH (2013) 116

Idakiev against Bulgaria

Execution of the judgment of the European Court of Human Rights

(Application No. 33681/05, judgment of 21/06/2011, final on 21/09/2011)

(Adopted by the Committee of Ministers on 1 1 June 2013 at the 1173rd meeting of the Ministers ’ Deputies)

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 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(2013)490rev );

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 Idakiev against Bulgaria

( Application No. 33681/05

Judgment of 21 June 2011

Final on 21 September 2011 )

1. Convention violation found

The applicant complained, in particular, that the Supreme Administrative Court had failed to examine a decisive argument of his and had failed to respond to the applicant ’ s ar gument that the appeal was time ‑ barred and the judgment had already become final (violation of Art. 6 § 1) . He also complained about lack of effective remedy in this respect (violation of Art. 13).

2. Individual measures

a) The compensation awarded was transferred to the applicant ’ s account on 07/12/2011 and on 13/12/2011.

The applicant , Mr Idakiev , has requested a reopening of the domestic proceedings before the Supreme Administrative Court. By a judgment of 25.06.2012 the Supreme Administrative Court revoked judgment No. 1953 of 02.03.2005 of the Supreme Administrative Court and remitted the case for new consideration by another judicial panel of the Supreme Administrative Court. On 29.06.2012 the Supreme Administrative Court started the examination of the new case No. 8361/12. On 29.11.2012 the court delivered an order No. 15144 in which it examined the applicant ’ s arguments and held that the appeal of the other party to the proceedings was time-barred.

b) No further individual measures seem to be appropriate in the case.

3. General measures

a) Publication and dissemination of the judgment

The translation of the judgment is available on the Ministry of Justice website at http://www.justice.government.bg/

The translation of the judgment has been sent to the competent national authorities (Supreme Administrative Court and Supreme Administrative Prosecution Office) with circular letter underlining the conclusions of the ECHR.

No other measures seem to be necessary for execution of the judgment.

4. Conclusions

The Government of the Republic of Bulgaria believes that the measures taken have fulfilled the requirements that arise from the Court ’ s judgment and that as a result, similar violations in the future will be prevented. The government therefore looks forward to the Committee ’ s decision to close the examination of this case.