Final Resolution ResDH(2001)3 Human Rights Application No. 29303/95 Kovachev against Bulgaria

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st 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 (98) 152, adopted on 11 June 1998 in the case of Kovachev against Bulgaria, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the applicant's complaint that he could not have a hearing before an independent and impartial tribunal in the determination of his civil right to certain social benefits, and decided to make public 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 16 December 1998;

Whereas at the 709 th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 29 May 2000, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay to each of the applicant's daughters wishing to continue the procedure, Ms. Neli Sekulova Petrova and Ms Antoaneta Sekulova Ivanova, as just satisfaction, within three months, the sum of 1 000 new leva in respect of non-pecuniary damage 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's heirs;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 11 June 1998 and 29 May 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 that found in this case (this information appears in the appendix to this resolution);

Whereas the Committee of Ministers satisfied itself that on 14 August 2000, within the time-limit set, the Government of the respondent State had paid the applicant's daughters the total sum of 1 000 new leva as just satisfaction,

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

Appendix to Resolution ResDH(2001)3

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

The Government recalls that the violation of Article 6 in this case was a consequence of the application of the 1992 Social Welfare Regulations, which made no provision for referral to the courts of disputes concerning social benefits, but made all such disputes a matter for the administrative authorities only (paragraphs 20-21, 23 and 43-44 of the Commission report of 28 October 1997).

Since the events to which this case refers, the regulations have been revised on several occasions. The latest Social Welfare Act was passed by Parliament on 7 May 1998, i.e. several months after the Commission's finding that Article 6 had been violated (report of 28 October 1997). Section 13, paragraph 3 of this Act, which is still in force, expressly provides that decisions taken by regional social welfare directorates may be appealed under the Code of Administrative Procedure, which specifically provides for the possibility of judicial appeal.

The new Social Welfare Regulations, which came into force on 1 November 1998 and cover implementation of the new act, also expressly provide for judicial appeal against decisions taken by the regional social welfare directorates (Article 29, paragraph 2).

The Government considers that these legislative and regulatory provisions ensure respect for Article 6, and particularly the requirement concerning access to a court, and so effectively prevent further violations of the kind identified in the Kovachev case. It accordingly considers that it has fulfilled its obligations under former Article 32 of the Convention.