Resolution CM/ResDH(2013)99

Two cases against Bulgaria (Kamburov and Stanchev)

Execution of the judgments of the European Court of Human Rights

(Application No. 31001/02, judgment of 23/04/2009, final on 23/07/2009

Application No. 8682/02, judgment of 01/10/2009, final on 01/01/2010)

(Adopted by the Committee of Ministers on 6 June 2013 at the 1172nd 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 judgments transmitted by the Court to the Committee in the above cases and to the violation 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 its 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(2013)52 4 );

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 these cases and

DECIDES to close the examination thereof.

ACTION REPORT

KAMBUROV V. BULGARIA (No. 2) - Application No. 31001 / 02,

Judgment of 23.04.2009/final on 23.07.2009 and

STANCHEV V. BULGARIA - Application No. 8682 / 02, Judgment of 01.10.2009/final on 01.01.2010

1) The Facts under KAMBUROV V. BULGARIA (No. 2)

The applicant – Mr. Zahari Bechev Kamburov is a Bulgarian citizen living in Dimitrovgrad (town in Bulgaria). In 2002 the applicant had been convicted by the competent District Court to administrative detention of five days for a minor disturbance of the public order as per the acting Decree 904/1963 on Fight against Minor Disturbance.

2) The Facts under STANCHEV V. BULGARIA

The applicant – Mr. Angel Petkov Stanchev is a Bulgarian citizen living in Pazardjik (town in Bulgaria). In 2002 the applicant had been convicted by the competent District Court to administrative detention of five days for a minor disturbance of the public order as per the acting Decree 904/1963 on Fight against Minor Disturbance.

Both applicants alleged breaches of Article 2 of Protocol â„– 7 to the European Convention on Human Rights (ECHR) due to impossibility to appeal to a higher court a judgment imposing a sanction of detention for a minor disturbance of the public order. In both cases the European Court found violation of Article 2 of Protocol No. 7 (right of appeal in criminal matters) to the ECHR .

The European Court awarded to each applicant the amount of EUR 1,000 (one thousand euro) plus the imposed VAT as a just satisfaction. The European Court awarded to Mr. Stanchev also the amount of EUR 1,200 (one thousand and two hundred euro) for refund of court expenses. Such expenses were not awarded to Mr. Kamburov as he did not claim their refund.

1) All sums awarded by the European Court were transferred to applicants ’ bank accounts;

2) No other individual measures seem to be appropriate in these cases.

1) Translation and Publication of the European Court ’ s Judgments

Translation in Bulgarian language and publication of both judgments is available on the Ministry of Justice of the Republic of Bulgaria official website: http://www.justice.government.bg .

2) Violation of Article 2 of Protocol No. 7 to the ECHR

In both cases the European Court considered violation of Article 2 of Protocol â„– 7 to the ECHR due to the impossibility for the applicants to appeal to a higher court their judgments imposing a sanction of detention for a minor disturbance of the public order.

In order to implement the European Court ’ s judgments, the Bulgarian Government initiated legislative amendments concerning the relevant provisions of the Decree 904/1963 on Fight against Minor Disturbance.

With Decision â„–3/17.05.2011 of the Constitutional Court of the Republic of Bulgaria, the provision of Article 7, sentence 1 of the above-mentioned Decree was pronounced partially unconstitutional in the part announcing that the District Court judgment could not be appealed to a higher court.

On 25.11.2011, the Decree 904/1963 on Fight against Minor Disturbance was amended and presently article 7 envisages legal possibility a District Court judgment imposing a sanction of detention for a minor disturbance of the public order to be appealed to a higher court instance.

The Bulgarian Government believes that the adopted legislative amendments to Decree 904/1963 on Fight against Minor Disturbance will prevent future similar violations of Article 2 of Protocol â„– 7 to the ECHR.

On the grounds of this, the Bulgarian Government proposes to the Committee of Ministers to close the supervision of the execution of the above judgments.