ANGUELOVA v. BULGARIA JUDGMENT
35
the Court to conclude beyond reasonable doubt that Mr Tsonchev's killing and the lack
of a meaningful investigation into it were motivated by racial prejudice, as claimed by
the applicant.
It follows that no violation of Article 14 has been established.”
168. The Court finds that in the present case the applicant's complaints
are likewise based on serious arguments. It is unable, however, to reach the
conclusion that proof beyond reasonable doubt has been established.
There has therefore been no violation of Article 14 of the Convention.
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
169. 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
170. The applicant claimed 19,050 euros (EUR) for non-pecuniary
damage, a sum comprising EUR 15,250 in respect of the pain and suffering
caused by the violation of her son's rights under the Convention and
EUR 3,800 in respect of the distress she endured because of the ill-treatment
and death of her son and the inadequacy of the authorities' reaction.
171. The Government objected that since Article 362 § 1 (4) of the
Bulgarian Code of Criminal Procedure provided for the possibility of
reopening criminal proceedings in cases where the European Court of
Human Rights had found a violation of the Convention the applicant should,
if the Court found a violation in the present case, submit a civil claim for
damages once the criminal proceedings were reopened.
Alternatively, the Government maintained that the claim was excessive,
regard being had to the economic situation in the country. The amount
claimed was allegedly 371 times the minimum monthly wage. In the
Government's view, the comparison with Turkish cases proposed by the
applicant was incorrect as in Turkey the minimum monthly wage was 50%
higher than in Bulgaria.
Finally, the Government warned against the dangers of excessive awards
being made by the Court.
172. The Court notes that the provision of the Code of Criminal
Procedure referred to by the Government concerns the reopening of criminal
proceedings which were ended by a judicial decision, whereas the
investigation in the applicant's case was terminated by a decision of the
prosecuting authorities. It is therefore unclear whether the Code of Criminal