Resolution CM/ResDH(2021)278

Execution of the judgments of the European Court of Human Rights

Three cases against Bulgaria

(Adopted by the Committee of Ministers on 3 November 2021 at the 1416 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

18312/08

ZDRAVKO STANEV (No. 2)

12/07/2016

12/10/2016

18288/06

BOYKANOV

10/11/2016

10/02/2017

30460/08

SAPUNDZHIEV

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the disproportionate interference with the applicants’ right to freedom of expression due to Mr Stanev’s conviction, in criminal proceedings in 2008, of defaming a judge and of Mr Boykanov’s and Mr Sapundzhiev’s convictions to an administrative fine and the payment of damages following the waiver of their criminal responsibility for defamation (violations 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 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)1016 );

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

- the criminal proceedings against Mr Zdravko Stanev had been reopened and that on 24 January 2017 the Supreme Court of Cassation quashed his conviction and rejected the claim for damages of the complainant in full;

- Mr Boykanov’s and Mr Sapundzhiev’s criminal liability was waived at the time of the facts and they received administrative punishment, which is not included in their criminal record, the pecuniary damage suffered was compensated by the just satisfaction, the non-pecuniary damage was either compensated by the just satisfaction or the Court indicated that the finding of a violation was sufficient just satisfaction in this regard and that the domestic law allows a person to be released from criminal responsibility on more than one occasion, if certain conditions are fulfilled;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases continues to be examined within the framework of the Marinova and Others case and that the closure of these cases 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 these cases as regards the individual measures and

DECIDES to close the examination of these cases.