AUAD v. BULGARIA JUDGMENT
47
thus require action to be taken by any State authority, including the
legislature (see, by way of example, Viaşu v. Romania, no. 75951/01,
§§ 75-83, 9 December 2008).
138. In the present case, in view of the grave and irreversible nature of
the consequences of the removal of aliens to countries where they may face
ill-treatment, and the apparent lack of sufficient safeguards in Bulgarian law
in that respect, it appears necessary to assist the Government in the
execution of their duty under Article 46 § 1 of the Convention.
139. Having regard to its findings under Articles 3, 5 § 1 and 13 of the
Convention, the Court is of the view that the general measures in execution
of this judgment should include such amendments to the Aliens Act 1998 or
other Bulgarian legislation, and such change of administrative and judicial
practice in Bulgaria so as to ensure that: (a) there exists a mechanism
requiring the competent authorities to consider rigorously, whenever there is
an arguable claim in that regard, the risks likely to be faced by an alien as a
result of his or her expulsion on national security grounds, by reason of the
general situation in the destination country and his or her particular
circumstances; (b) the destination country should always be indicated in a
legally binding act and a change of destination should be amenable to legal
challenge; (c) the above-mentioned mechanism should allow for
consideration of the question whether, if sent to a third country, the person
concerned may face a risk of being sent from that country to the country of
origin without due consideration of the risk of ill-treatment; (d) where an
arguable claim about a substantial risk of death or ill-treatment in the
destination country is made in a legal challenge against expulsion, that legal
challenge should have automatic suspensive effect pending the outcome of
the examination of the claim; and (e) claims about serious risk of death or
ill-treatment in the destination country should be examined rigorously by
the courts.
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
140. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
141. The applicant claimed 20,000 euros (EUR) in respect of
non-pecuniary damage sustained as a result of the alleged breaches of
Articles 3 and 13 of the Convention. He submitted that his impending
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents