Resolution CM/ResDH(2023)258

Execution of the judgment of the European Court of Human Rights

Association for European Integration and Human Rights and Ekimdzhiev against Bulgaria

(Adopted by the Committee of Ministers on 21 September 2023 at the 1475 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

62540/00

Association for European Integration and Human Rights and Ekimdzhiev

28/06/2007

30/01/2008

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 concerning the lack of sufficient safeguards against the risk of abuse, inherent in every secret surveillance system and the absence of domestic remedy (Articles 8 and 13);

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 information provided by the government, indicating the 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 documents DH-DD(2019)401 , DH-DD(2022)1106 and DH-DD(2023)769 );

Having noted, in respect of the general measures, that important steps have been made in the execution process, inter alia through the introduction of a domestic judicial remedy and various arrangements relevant for the independent oversight of the secret surveillance system, as well as through the reinforcement of the framework for judicial authorisation of secret surveillance;

Having noted that the outstanding questions, including those identified in the context of the supervision of the present judgment, will continue to be examined in the context of the Ekimdzhiev and Others judgment, which remains under the supervision of the Committee of Ministers,

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.