Resolution CM/ResDH(2009)77 [1]

Execution of the judgments of the European Court of Human Rights

Kuibishev and Yambolov against Bulgaria

(Application No. 39271/98 and No. 68177/01 , judgments of 30 September 2004 and of 12 April 2007,

final on 30 December 2004 and on 12 July 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 (violation of Article 5) (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, 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(2009)77

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

Kuibishev and Yambolov against Bulgaria

Introductory case summary

These cases concern the excessive length of the applicants ' detention pending trial, from September 1996 to June 1998 and April 1999 and February 2002, respectively, as the authorities failed to comply with their obligation to keep it as short as possible (violations of Article 5§3).

The Kuibishev case also concerns a violation of the applicant ' s right to be brought before a judge promptly after his arrest (violation of Article 5§3). It also relates to the lack of effective judicial review of the lawfulness of the applicant ' s detention pending trial and the non-adversarial nature of the proceedings before the Supreme Court in respect of Mr Kuibishev ' s requests for release (violation of Article 5§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

Kuibishev,

No. 39271/98

-

2500 euros

2000 euros

4500 euros

Paid on 30/03/2005

Yambolov,

No. 68177/01

-

1700 euros

128 euros

1828 euros

Paid on 11/10/2007

b) Individual measures

The applicants are no longer being held in pre-trial detention, as prison sentences were imposed on them in 1998 and in 1999.

II. General measures

The Bulgarian authorities have already adopted series of measures aimed at putting the legislation and practice relating to detention pending trial in conformity with the requirements of Article 5 of the Convention. These measures are part of the reform of the Code of Criminal Procedure which entered into force on 1 January 2000 (see details in the Final Resolution ResDH(2000)109, as well as in the Final Resolution CM/ResDH(2007)158).

The Committee of Ministers is at present supervising the execution of several judgments of the Court (in particular the judgment of Bojilov of 22/12/2004 and the judgment of Ivanov Evgeni of 22/05/2008), finding different violations of Article 5 of the Convention related to the applicants ' detention pending trial between 1993 and 2003. In the framework of these cases, the Committee is supervising the adoption of the outstanding general measures. In this context, the Bulgarian authorities indicated to the Committee of Ministers additional measures that they have taken or were envisaging to address the outstanding issues and will continue to keep the Committee informed of the developments in this area.

III. Conclusions of the respondent state

The government considers that no other individual measure is necessary in these cases, apart from the payment of the just satisfaction awarded by the Court. It considers also that all the measures taken show the efforts made to avoid violations of the Convention related to detention pending trial. The government will continue to make all the necessary efforts, under the supervision of the Committee, to avoid new, similar violations. The government concludes that in the present cases Bulgaria has thus complied with its obligations under Article 46 paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 30 September 2009 at the 1065 th meeting of the Ministers’ Deputies