Final Resolution ResDH (2004)15

Human Rights Application No. 30381/96 Mironov against Bulgaria

(Adopted by the Committee of Ministers on 22 April 2004 at the 879th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH(99)352, adopted on 9 June 1999 in the case of Mironov against Bulgaria, in which the Committee of Ministers decided that there had not been a violation of Article 5, paragraph 3, that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain criminal proceedings brought against the applicant and of Article 8 on account of the unjustified supervision by the prison authorities of his application form sent to the Commission, and authorised the publication of the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 30 October 1999;

Whereas at the 695th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 14 February 2000, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, a global sum of 3 000 French francs, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 9 June 1999 and 14 February 2000, having regard to Bulgaria’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state accordingly gave the Committee information about the measures taken in consequence of the Committee’s decisions taken to avoid new violations of the same kind as those found in this case (this information a p pears in the appendix to this resol u tion);

Whereas the Committee of Ministers satisfied itself that on 12 May 2000, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 3 000 French francs as just satisfaction,

Declares, after having taken note of the measures taken by the Government of Bulgaria, that it has exercised its fun c tions under former Article 32 of the Convention in this case.

Appendix to Final Resolution ResDH (2004)15

Information provided by the Government of Bulgaria during the examination of the Mironov case by the Committee of Ministers

Concerning individual measures, it should be noted that following the report of the Commission particular attention was given to the continuation of the proceedings instituted against the applicant. These proceedings ended by a final judgment of 18 October 2001 of the Supreme Court of Cassation, which confirmed the decisions of the first instance court and the court of appeal acquitting the applicant. In the same judgment the Supreme Court of Cassation overturned the order of the court of appeal that the applicant should pay compensation for damages to a person who had joined the proceedings as a civil party.

As regards general measures, the Government recalls that the violation of Article 6, paragraph 1 found in this case was due to the exceptional circumstances of the specific case.

As regards the violation of the right to respect for the correspondence of detained persons with the Convention organs, an amendment to the Law on the execution of punishments, which came into force on 26 June 1998, modified Article 37, paragraph 2 of the Law as follows:

“(2) Applications and petitions (…) sent in sealed envelopes and addressed to: the National Assembly, the President of Bulgaria, the Council of Ministers, the Ministry of Justice and European Integration, the Ministry of the Interior, the public prosecutor’s office, courts, the investigation organs and institutions of human rights of the UN and the Council of Europe are not subject to control by the administration.”    

Moreover, the report of the Commission and the decisions of the Committee of Ministers have been sent to the authorities directly concerned.

The Government of Bulgaria considers that, in view of the individual and general measures mentioned above, Bulgaria has fulfilled its obligations under the former Article 32, paragraph 2 of the Convention in this case.