Resolution CM/ResDH(2023)398

Execution of the judgments of the European Court of Human Rights

Two cases against Bulgaria

(Adopted by the Committee of Ministers on 13 December 2023 at the 1484 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

40524/08

GENOV

23/03/2017

23/06/2017

58088/08

METODIEV AND OTHERS

15/06/2017

15/09/2017

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 judgments transmitted by the Court to the Committee in these cases and to the violations established due to the unjustified refusals of the Bulgarian courts to register Ahmadiyya and Krishna religious organisations on the ground that they shared similar beliefs with existing denominations, and without adequate guidance on how to meet certain legal requirements (violations of Article 9);

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(2023)1305 );

Having noted that substantial progress has been achieved in ensuring Convention-compliant examination of requests for the registration of religious denominations, which are not seen as belonging to the Eastern Orthodox Christianity, in particular as concerns the requirement not to refuse registration on the ground that a denomination has similar beliefs to already registered denominations;

Having noted that certain questions continue to be examined in the context of the Bulgarian Orthodox Old Calendar Church and Others group, which remains under the supervision of the Committee, in particular: (i) the guidance provided in registration proceedings; (ii) the need to ensure that the similarity of the name and the beliefs of a denomination, in particular with the doctrine of the Bulgarian Orthodox Church, is not an obstacle to registration;

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

DECIDES to close the examination thereof.