Resolution CM/ ResDH (2010)189 [1]

Execution of the judgment of the European Court of Human Rights

Todev against Bulgaria

(Application No. 31036/02 , judgment of 22/05/2008, final on 22/08/2008)

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violations of the Convention found by the Court in this case concern the procedure for psychiatric confinement which existed in Bulgaria until the adoption of new Health Act in 2004 (see details in Appendix) (violations of Article 5, paragraph 1, and 5, paragraph 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 judgment;

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 plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its 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

- of 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 this case and

DECIDES to clos e the examination of this case.

Appendix to Resolution CM/ ResDH (2010)189

Information about the measures to comply with the judgment in the case of

Todev against Bulgaria

Introductory case summary

This case concerns the applicant ’ s detention in psychiatric hospital in 2002 to undergo medical examinations at the behest of prosecutors in proceedings concerning psychiatric confinement (violations of Article 5§1) and the fact that the applicant had no opportunity to bring judicial proceedings to challenge the lawfulness of his detention (violation of Article 5 § 4).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

2,000 EUR

900 EUR

2,900 EUR

Paid on 20/11/2008

b) Individual measures

The applicant was released in September 2002. He died prior to the judgment of the European Court .

In these circumstances, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

These cases present similarities to the Varbanov case (judgment of 05/10/2000 ) closed by Resolution CM/ ResDH (2010)40 , following the adoption of a new Helth law in 2004 which provides for a new procedure concerning psychiatric confinement and which took effect from 01/01/2005.

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