Resolution CM/ResDH(2021)422

Execution of the judgment of the European Court of Human Rights

Mihaylova and Malinova against Bulgaria

(Adopted by the Committee of Ministers on 2 December 2021

at the 1419 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

36613/08

MIHAYLOVA AND MALINOVA

24/02/2015

24/05/2015

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 judgments transmitted by the Court to the Committee in this case and to the violation found on account of a failure to secure an independent and effective investigation into the lethal shooting of the applicants’ relative (procedural violation of Article 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 plan provided by the government indicating the individual measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)1035 );

Considering that no further individual measures are possible in this case, given that the prescription of the criminal proceedings was established by the Prosecutor’s Office;

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 Velikova group of cases 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 as regards the individual measures and

DECIDES to close the examination of this case.