ANGUELOVA v. BULGARIA JUDGMENT
17
respect of the other bodily injuries, the prosecutor stated that they had not
placed Mr Zabchekov's life in danger.
The decision also mentioned that when he had been taken to the police
station Mr Zabchekov had been in good health.
91. On 10 March 1997 the applicant appealed to the Chief Public
Prosecutor against the decision to suspend the proceedings. On 20 March
1997 the Chief Public Prosecutor's Office confirmed the suspension of the
proceedings.
J. Other evidence submitted by the parties
92. The applicant has submitted four colour photographs of the dead
body of Mr Zabchekov and a photograph of the jacket which he was
wearing before his death. The photographs were taken by journalists on
30 January 1996 at the applicant's home, after the autopsy and the return of
the body for burial.
93. Two of the photographs are of Mr Zabchekov's face. The hair covers
half of the forehead. Above and over the left eyebrow can be seen a bluishpurple bruise. The left eyelid is of a bluish colour. A bruise can also be seen
on the lips, on the left side of the mouth.
94. On the other two photographs a purple bruise colour can be seen on
Mr Zabchekov's chest, on its right side, partly under the right armpit.
Wounds are visible on Mr Zabchekov's right wrist.
95. On an unspecified date the applicant, acting through the European
Roma Rights Centre, a non-governmental organisation based in Budapest,
solicited the opinion of Professor Jorgen Thomsen, State Pathologist,
Institute of Forensic Medicine, University of Southern Denmark, Odense, a
member of the United Nations Standing Team of Forensic Experts.
Professor Thomsen gave a written opinion dated 4 February 1999. Professor
Thomsen had at his disposal, inter alia, the description of what had
allegedly happened in the case and extracts from the autopsy report and the
reports of the forensic experts.
Professor Thomsen stated, inter alia:
“An epidural haematoma is usually caused by a fall against a hard surface or a
strong blow with a blunt object. It is well known that a fall against a hard surface will
often leave so-called contre-coup lesions. It is regrettable that the presence or absence
of such lesions have not been mentioned. It has been mentioned that the deceased had
a thin skull. In my opinion that is not an apologising factor in cases of interpersonal
violence, as it is usually not known if a skull is thick or thin and it is inherent in the
possible effects of violence that a person may have a thin skull. Together with the
epidural haematoma there is usually a fracture (fissure) in the temporal bone and a
rupture of the middle meningeal artery. The haemorrhage is thus arterial. It is in the
beginning limited by the attachment of the dura to the inside of the bone. There is thus
often a lucid interval that may last several hours, but often the interval is not longer
than a couple of hours. If the traumatic lesion involves the brain with a concussion or
contusions there is usually not a lucid interval.