32 ANGUELOVA v. BULGARIA JUDGMENT name of the person effecting it must be seen as incompatible with the requirement of lawfulness and with the very purpose of Article 5 of the Convention (see Kurt v. Turkey, judgment of 25 May 1998, Reports 1998III, pp. 1185-86, § 125, and Çakıcı, cited above, §§ 104-05). 155. In the present case it is not disputed that Mr Zabchekov's detention was not based on a written order as required by section 35 of the National Police Act. Contrary to the Government's view, that provision cannot be reasonably interpreted as permitting confinement without a lawful order where there are doubts as to the identity of the detainee: such an interpretation runs contrary to the elementary guarantees of Article 5 of the Convention as it would mean a blanket authorisation for unacknowledged detentions. Furthermore, in the present case the police identified Mr Zabchekov at the very moment of his arrest. It follows that the applicant's detention was unlawful. 156. The applicant stated that, in an effort to conceal the very fact that her son had been detained, the first information to the family about his death had omitted any reference to his confinement (see paragraphs 49 and 61 above). The Court observes that Mr Zabchekov's deprivation of liberty was not recorded initially and that the register at the police station was later forged. The suspect behaviour of the police officers between 3 a.m. and 5 a.m. on 29 January 1996 is another element which may lead to a conclusion that there was an attempt to conceal the fact that the applicant's son had been detained (see paragraphs 30, 32-40 and 41-46 above). As that attempt was in the event unsuccessful, the Court will not deal with the question whether an issue of State responsibility for an unacknowledged detention may arise. 157. The lack of a written order and of a proper record of Mr Zabchekov's detention is sufficient for the Court to find that his confinement for several hours on 29 January 1996 was in breach of domestic law and contrary to the requirements implicit in Article 5 of the Convention for the proper recording of deprivations of liberty. There has, therefore, been a violation of Article 5 § 1 of the Convention. IV. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION 158. The applicant complained under Article 13 of the Convention of the alleged lack of an effective remedy in respect of the violations of Articles 2 and 3. Article 13 of the Convention provides: “Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”