Resolution CM/ResDH(2022)380

Execution of the judgment of the European Court of Human Rights

Dimo Dimov and others against Bulgaria

(Adopted by the Committee of Ministers on 14 December 2022 at the 1452 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

30044/10

DIMO DIMOV AND OTHERS

07/07/2020

07/10/2020

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 lack of effectiveness of the judicial review of the fourth applicant’s detention, failure to review his detention at short intervals, unjustified prohibition to submit new applications for release for a period of two months, as well as lack of a right to compensation for these breaches (violations of Article 5, paragraphs 4 and 5);

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 documents DH-DD(2021)356 , DH-DD(2022)239 and DH-DD(2022)1215 );

Noting that the question relating to the failure of the domestic courts to examine speedily requests for release was examined in the Evgeni Ivanov group, closed by Final Resolution CM/ResDH(2012)164 ;

Noting also that the question of lack of a right to compensation for detention in breach of Article 5 was examined in the Yankov group, closed by Final Resolution CM/ResDH(2013)102 ;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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.