Resolution CM/ResDH(2025)63
Execution of the judgment of the European Court of Human Rights
Dimitar Mitev against Bulgaria
 
(Adopted by the Committee of Ministers on 30 April 2025
at the 1527th meeting of the Ministers’ Deputies)
 
Application No.
Case
Judgment of
Final on
34779/09
DIMITAR MITEV
08/03/2018
08/06/2018
 
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 violation established concerning the unfairness of criminal proceedings on account of the indirect use of the confession made by the applicant during arrest in the absence of a lawyer;
 
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(2025)140);
 
Recalling that the question of the general measures required to ensure that detained suspects have access to the assistance of a lawyer from the outset of detention, including during questioning, except in duly justified situations, continues to be examined within the framework of the Dimitrov and Others v. Bulgaria group of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures to this end;
 
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.