Resolution CM/ResDH(2021)280

Execution of the judgment of the European Court of Human Rights

Fileva 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

3503/06

FILEVA

03/04/2012

03/07/2012

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 of the applicant’s right to access to a court due to the discretionary power of the prosecuting authorities to resume closed criminal investigations, without adequate safeguards, which had the effect of influencing negatively the outcome of a claim by the applicant aimed at seeking compensation for criminal proceedings against her that were initially closed in July 2005 and subsequently resumed by the prosecution authorities in March 2006 (violation of Article 6, paragraph 1);

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 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)1017 );

Noting that considerable progress has been achieved with the execution of the judgment, since a legislative reform of 2013 made it impossible for prosecutors, other than the Chief Prosecutor, to resume closed investigations after one or two years (depending on the gravity of the offence);

Noting however that the above reform preserved the possibility for a Chief Prosecutor to resume criminal proceedings after the one- or two-years’ time-limit “in exceptional circumstances”, thus allowing him to influence the scope and the outcome of civil proceedings (until the expiry of statute of limitations for the alleged criminal offence), on the basis of legislation which does not provide for judicial review or clear statutory criteria defining sufficiently the situations envisaged by the expression “exceptional circumstances”;

Noting that the outstanding questions related to the need to provide for additional safeguards for the exercise of the powers of the Chief Prosecutor to resume terminated criminal proceedings are entirely taken up in the context of the examination of the S.Z . case, which remains under the supervision of the Committee;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.