Resolution CM/ResDH(2021)279

Execution of the judgment of the European Court of Human Rights

Kasabova 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

22385/03

KASABOVA

19/04/2011

19/07/2011

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 violation established on account of the disproportionate interference with the freedom of expression of the applicant, a journalist, because of the imposition of a disproportionate sanction in criminal proceedings for defamation of civil servants in 2003 (violation 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 judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)1014 );

Considering that the question of individual measures was resolved, given that, inter alia , the administrative fine, which the applicant received following the waiver of her criminal responsibility at the time of the facts, was not included in her criminal record, that the amount of the fine was fully compensated by the just satisfaction awarded by the European Court, 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 this case continues to be examined within the framework of the Bozhkov v. Bulgaria 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 as regards the individual measures and

DECIDES to close the examination of this case.