Resolution CM/ ResDH (2010) 121 [1]

Execution of the judgment of the European Court of Human Rights

in 5 cases against Bulgaria concerning the system of pre-trial detention

in force until the legislative reform of 1 January 2000

(see details in Appendix)

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 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);

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 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)121

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

in 5 cases against Bulgaria concerning the system of pre-trial detention

in force until the legislative reform of 1 January 2000

Introductory case summary

The Spasov , Atanasov and Totchev cases concern the excessive duration of the applicants ’ detention on remand between 1997 and 2000, given the lack of sufficient grounds justifying their remand and the authorities ’ failure, in the Spasov case, to conduct the proceedings with special diligence (violations of Article 5, paragraph 3).

The Atanasov and Ganchev cases concern the violation of the applicants ’ right to be brought promptly before a judge, or other officer authorised by law to exercise judicial power, so that they could challenge the lawfulness of their pre-trial detention (violations of Article 5, paragraph 3).

The Spasov , Atanasov and Petar Vasilev cases concern violations of the right to judicial review of the lawfulness of detention (violations of Article 5, paragraph 4).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Spasov , No.51796/99

-

1,500 EUR

500 EUR

2,000 EUR

Paid on 16/05/2007

Atanasov , No. 54172/00

-

1,500 EUR

500 EUR

2,000 EUR

Paid on 09/07/2008

Ganchev , No.57855/00

-

-

300 EUR

300 EUR

Paid on 11/10/2007

Totchev , No.58925/00

-

2,000 EUR

900 EUR

2,900 EUR

Paid on 29/05/2007

Petar Vasilev , No.62544/00

-

800 EUR

-

800 EUR

Paid on 04/07/2007

The applicants waived interest in view of small amount

b) Individual measures

The applicant in the Ganchev case was released in 2000 prior to the judgment of the European Court . The applicants in the remaining cases were no longer held in pre-trial detention when the European Court handed down its judgments, as prison sentences had been imposed on them between 1999 and 2001.

No individual measures were considered necessary by the Committee of Ministers.

II. General measures

These cases present similarities to those of Assenov (judgment of 28/10/1998) and Nikolova (judgment of 25/03/1999) closed by Resolutions ResDH(2000)109 and ResDH(2000)110, following a legislative reform of criminal procedure which took effect from 01/01/2000.

III. Conclusions of the respondent state

The government considers that no individual measure is required and 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 15 September 2010 at the 1092nd meeting of the Ministers’ Deputies