Resolution CM/ResDH(2021)347

Execution of the judgment of the European Court of Human Rights

Uzunova and Seid 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

2866/13

UZUNOVA AND SEID

06/09/2018

06/09/2018

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 prolonged failure of the national authorities to enforce a final domestic judgment in the applicants’ favour ordering payment of compensation and the lack of effective remedy in this respect (violations of Article 6,paragraph 1, Article 1 of Protocol No. 1 and Article 13);

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 in order 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)1220 );

Considering that the question of individual measures was resolved given that the final domestic judgment in the applicants’ favour was enforced and the European Court awarded just satisfaction in respect of the claimed pecuniary damage for the legal interest accumulated on the amount awarded by the national court during the period of delayed enforcement, as well as non-pecuniary damage;

Recalling that the questions of general measures required in response to the shortcomings found by the Court in the present judgment continue to be examined within the framework of the Chorbov 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.