CASE OF VELKOVA AGAINST BULGARIA AND 3 OTHER CASES

Resolution CM/ResDH(2019)116
Execution of the judgments of the European Court of Human Rights
Four cases against Bulgaria
 
(Adopted by the Committee of Ministers on 6 June 2019
at the 1348th meeting of the Ministers’ Deputies)
 
 
Application No.
Case
Judgment of
Final on
1849/08
VELKOVA
13/07/2017
13/10/2017
50346/07
DIMITAR YANAKIEV (No. 2)
31/03/2016
30/06/2016
66742/11
DELINA
18/01/2018
18/01/2018
8725/07
STAMOVA
19/01/2017
19/04/2017
 
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 on account of the non-enforcement by different administrative authorities of domestic judgments obliging them to deliver a non-substitutable action (violations of Article 6, paragraph 1, and/or Article 1 of Protocol no. 1), as well as the lack of effective remedy in this respect (violations of Article 13 taken together with Article 6, paragraph 1, and Article 1 of Protocol No. 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 individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)1054);
 
Considering that the question of individual measures was therefore resolved, given that the domestic decisions were enforced and/or the applicants were awarded just satisfaction for moral or pecuniary damages;
 
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Stoyanov and Tabakov group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
 
DECIDES to close the examination of these cases.

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