Resolution CM/ResDH(2022)187

Execution of the judgment of the European Court of Human Rights

Handzhiyski against Bulgaria

(Adopted by the Committee of Ministers on 22 September 2022 at the 1443 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

10783/14

HANDZHIYSKI

06/04/2021

06/07/2021

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 final judgment transmitted by the Court to the Committee in this case and to the violation established concerning the unjustified conviction of the applicant to a fine in administrative-penal proceedings for placing Santa Claus hat and a red sack on communist leader’s statue as a symbolic act, in the context of nation-wide political protests (violation of Article 10);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government, indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)77 ) );

Having noted that issues relating to domestic judicial practice in criminal proceedings related to symbolic acts which visually alter a monument by spray-painting it, for the purpose of exercising freedom of expression, continue to be examined in the case of Genov and Sarbinska , which remains under the supervision of the Committee of Ministers;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.