Resolution CM/ ResDH (2009)30 [1]

Execution of the judgment of the European Court of Human Rights

Padalov against Bulgaria

(Application No. 54784/00, judgment of 10 August 2006, final on 10 November 2006)

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 violation of the Convention found by the Court in this case concerns a breach of the applicant ’ s right to benefit from free legal aid in criminal proceedings brought against him (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Bulgaria ’ s obligation under Article 46, paragraph 1, of the Convention 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 applicant 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;

Commending the state for the rapid adoption of the individual measures;

DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exercised its functions under Article 46, paragraph 2 of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2009)30

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

Padalov against Bulgaria

Introductory case summary

The case concerns a violation of the applicant ’ s right to a fair trial in that he was not granted free legal assistance during criminal proceedings brought against him in 1997, even though the interests of justice so required (violation of Article 6§§1 and 3 c). The European Court noted in particular that the applicant had not expressly waived his right to assistance by an officially designated lawyer, that he did not have sufficient means to pay a lawyer and that he risked a long prison term if convicted. The Court also noted that, at the material time, Article 70 of the Code of Criminal Procedure of 1974 envisaged the possibility for an accused person to benefit from free judicial assistance only in certain exhaustively listed circumstances. The applicant ’ s case was not covered by any of them (§49 of the judgment).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

1000 EUR

995 EUR

1995 EUR

Paid on 09/02/2007

b) Individual measures

The applicant was sentenced in 1999 to more than 14 years ’ imprisonment as a result of the proceedings at issue. He was released following the European Court ’ s judgment. The Prosecutor General requested reopening of the proceedings in this case. As a result, the Supreme Court of Cassation annulled the verdict with which the applicant had been sentenced and returned the case for a new examination at the pre-trial stage. In their decision of 28 March 2007, the Supreme Court of Cassation referred explicitly to the need of ensuring proper legal representation for Mr Padalov during the new proceedings (see also general measures bellow).

II. General measures

The European Court noted in its judgment that the provisions of the Code of Criminal Procedure called into question by this case were subsequently modified in 2000. They now stipulate that free legal assistance is granted if the accused cannot afford to instruct counsel, requires a public defender to be assigned if the interest of justice so requires (§§26 and 49 of the judgment). These new provisions are maintained in the new Code of Criminal Procedure of 2005 (Article 94§1).

The European Court ’ s judgment has been published on the internet site of the Ministry of Justice www.mjeli.government.bg .

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, 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 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies