14
ANGUELOVA v. BULGARIA JUDGMENT
“1. What injuries did Zabchekov sustain? What was the cause of death?
2. In what manner were the injuries sustained and by how many blows could they
have been caused? Could the injuries have been caused by consecutive falls (in
accordance with the witnesses' statements and the findings of the investigation
reconstruction as recorded on video), or were they the result of direct blows?
3. When were these injuries inflicted?
4. What was Anguel Zabchekov's blood alcohol level at the time of his arrest, at
about 12.15 a.m.?”
71. On 26 April 1996 the investigator held a confrontation between all
the police officers involved. On the same day three additional witnesses
were questioned.
On 23 May 1996 the applicant repeated her request for an exhumation.
On 29 May 1996 another witness was questioned.
On 11 June 1996 Mr Dimitrov, a prosecutor from the Regional Military
Prosecutor's Office, sent the applicant a copy of his information note on the
proceedings. The note stated, inter alia, that exhumation could be envisaged
if this was considered necessary by the five medical experts, who had not
yet submitted their opinion.
72. On 28 June 1996 the five experts delivered their report (“the second
report”), which was based on an examination of the material in the
investigation file. They had also seen the videotape of the reconstruction of
Mr Zabchekov's arrest, which had been recorded on 20 March 1996.
73. The experts confirmed that Mr Zabchekov's death had been caused
by an epidural oedema resulting from a skull fracture. They also stated, inter
alia, that the fatal injury could have been inflicted by a kick, a punch or a
blow by a blunt object, or also by a fall and a collision against a “flat broad
surface” (широка удряща повърхност). They noted that the autopsy had
not recorded any morphological data to allow the identification of the object
which had caused the injuries.
The second report indicated that the blow which had caused the skull
fracture had not been very strong. That conclusion was based on the
“particular features of the skull structure (as witnessed by the X-ray
photographs enclosed and the thickness as described [in the autopsy
report])”.
74. Contrary to the first medical report, which had stated that the interval
between the skull injury and Mr Zabchekov's death had been approximately
four to six hours, the report of the five experts concluded:
“The haematoma ... which caused the death of Zabchekov, had been present for at
least ten hours before the time of death. The basis for this conclusion is the appearance
of the haematoma (blood clot of dark red colour), which is clearly visible on the
photographs attached to the file. Clots of that kind, without the presence of liquid
blood, are formed during a period of more than ten hours from the moment when they
were caused. During this period the patients' condition is usually characterised by the