Resolution CM/ResDH(2021)348

Execution of the judgment of the European Court of Human Rights

Slavov 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

58500/10

SLAVOV AND OTHERS

10/11/2015

10/02/2016

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 the applicants’ degrading treatment due to the psychological effects of the disproportionate manner of the first applicant’s arrest and the lack of effective remedy in this respect (violations of Articles 3 and 13), interference with the applicants’ right to respect for their homes during searches that were not surrounded by sufficient guarantees against arbitrariness and lack of effective remedy in this respect (violations of Articles 8 and 13), and breaches of the presumption of innocence (violation of 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)1235 );

Considering that the question of individual measures was therefore resolved, given that:

- criminal investigation is not indispensable in situations in which disproportionate manner of arrest caused degrading treatment due to the psychological effects, as the Court had admitted that a civil remedy to obtain compensation could also suffice, and the applicants were awarded just satisfaction for non-pecuniary damage by the Court;

- the criminal proceedings initiated against the first applicant have been terminated and the items seized have been restored, while the seized firearms were handed over in 2010 to the competent institution as the applicants’ gun license had been revoked on the grounds of the fact that criminal proceedings for intentional crime had been instituted against him, and, inter alia , he had the opportunity to transfer the title over the firearms to a person with a valid license;

Recalling that the questions of general measures required in response to the shortcomings found by the Court in this judgment continue to be examined within the framework of the Gutsanovi group, Peev and Iliya Stefanov group and 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.