Resolution CM/ResDH(2023)320

Execution of the judgment of the European Court of Human Rights

Maksim Savov against Bulgaria

(Adopted by the Committee of Ministers on 31 October 2023 at the 1479 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

28143/10

MAKSIM SAVOV

13/10/2020

13/01/2021

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 the lack of relevant and sufficient reasons provided for the applicant’s detention in 2010 and the lack of special diligence in the conduct of the procedure (violation of Article 5, paragraph 3), as well as of the infringement of the presumption of innocence by a court that ruled on the pre-trial detention of the applicant (violation of Article 6, paragraph 2);

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, in particular to ensure that the courts conduct the proceedings with special diligence by promptly adopting the relevant investigative steps to verify the involvement of a suspect in a criminal offence, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)899 );

Having noted that the questions relating to the general measures to prevent further violations of Article 5, paragraph 3, due to the absence of relevant and sufficient reasons to justify pre-trial detention remain under the supervision of the Committee in the context of the Staykov case;

Having noted that the questions relating to the general measures to prevent further violations of Article 6, paragraph 2, due to reasons given in a judicial decision violating the presumption of innocence remain under the supervision of the Committee in the context of the Banevi case;

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.