Resolution CM/ ResDH (2010)188 [1]

Execution of the judgments of the European Court of Human Rights

Boneva and Nikola Nikolov against Bulgaria

(Applications No. 53820/00 and No. 68079/01 , judgments of 16/11/2006 and 14/06/2007 ,

final on 16/02/2007 and 14/09/2007 )

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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern mainly the pre-trial detention system which existed in Bulgaria until the legislative reform which entered into force on 1 January 2000 (see details in Appendix) (violation of article 5§3 and 5§4) ;

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ ResDH (2010)188

Information on the measures taken to comply with the judgments in the cases of

Boneva & Nikola Nikolov against Bulgaria

Introductory case summary

The Boneva case concerns the violation of the applicant ’ s right to be brought promptly before a judge, or other officer authorised by law to exercise judicial power following her detention in 1999 (violation of Article 5§3).

The Nikola Nikolov case concerns the excessive duration of the applicant ’ s detention on remand between 1995 and 2000, given the lack of sufficient grounds justifying such a long period of detention and the authorities ’ failure to conduct the proceedings with special diligence (violations of Article 5§3).

The case of Nikola Nikolov concerns also the omission of the competent domestic court to examine a request for release filed by the applicant in 2000 (violation of Article 5§4).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application No.

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Boneva 53820/00

-

500 EUR

750 EUR

1,250 EUR

Paid on 1 6/05/2007

Nikola Nikolov 68079 /01

-

2,000 EUR

-

2,000 EUR

Paid on 14/12/2007

b) Individual measures

The applicant in the Boneva case was released in 1999 prior to the judgment of the European Court and she was acquitted later on. The applicant in the Nikola Nikolov case was no longer held in pre-trial detention when the European Court handed down its judgment, as a sentence of life imprisonment had been imposed on him at first instance on 06/11/2000, which was upheld on appeal.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

As far as the violations of article 5, paragraph 3, are concerned, these cases present similarities to those of Assenov (judgment of 28/10/1998) and Nikolova (judgment of 25/03/1999) closed recpectively by Resolutions ResDH(2000)109 and ResDH(2000)110, following a legislative reform of criminal procedure which took effect from 01/01/2000.

It should be noted, in addition, that in view of certain occurrences of insufficient motivation of pre-trial detention subsequent to the 2000 reform, the question of the need of additional measures in this respect is currently examined by the Committee of Ministers within the framework of the case of Evgeni Ivanov against Bulgaria (judgment of 22/05/2008).

As regard the violation of Article 5, paragraph 4, in the Nikola Nikolov case, it stems from the non-respect of the relevant domestic provisions. In consequence, in view of its isolated character the Government considers that no specific measure is required in this respect.

III. Conclusions of the respondent state

The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Bulgaria has thus complied with its obligations under Article 46, paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 2 December 2010 at the 1100th meeting of the Ministers’ Deputies