Komitetu Ministrów Rady Europy
z dnia 9 listopada 2016 r.
Execution of the judgment of the European Court of Human Rights
Krasimir Yordanov against Bulgaria
(Adopted by the Committee of Ministers on 9 November 2016
at the 1270th meeting of the Ministers' Deputies)
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 in particular the failure to return personal items seized in the context of a criminal investigation and the lack of an effective remedy in this respect;
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 in order 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(2016)843);
Having noted that the question concerning the deficiencies of the judicial review of decisions which the Prosecutor's Office can adopt when terminating criminal investigation as concerns the restitution of seized items is examined in the context of the Dimitar Krastev 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.