Resolution CM/ResDH(2021)353

Execution of the judgment of the European Court of Human Rights

Lolov and Others against Bulgaria

(Adopted by the Committee of Ministers on 8 December 2021

at the 1420 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

6123/11

LOLOV AND OTHERS

21/02/2019

21/05/2019

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 violations established on account of a breach to the right to presumption of innocence of three of the applicants due to statements made in a press release of a Regional Directorate of the Ministry of Interior in 2010 (violation of Article 6, paragraph 2) and the lack of effective remedy in this respect (violation of Article 13 in conjunction with Article 6, paragraph 2);

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 individual 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(2021)1233 );

Considering that the question of individual measures was resolved given that the Court awarded non-pecuniary damage and costs and expenses for the violations established and that the criminal proceedings against the three applicants were terminated;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Petrov and Ivanova group of cases and the Maksim Savov case and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES 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.