16
ANGUELOVA v. BULGARIA JUDGMENT
question whether a criminal act had been committed by a person other than
a police officer.
I. Additional investigation
investigation authorities
by
the
general
prosecution
and
83. On 20 January 1997 the regional prosecutor, Ms Hadzhidimitrova,
referred the case to the investigator, Mr Neshev. She noted that the
investigation in respect of the police had been closed on the basis of the
finding that the fatal injury had been inflicted more than ten hours prior to
the death of Mr Zabchekov. Therefore, further evidence needed to be
collected as regard the whereabouts and the condition of Mr Zabchekov
before 7 p.m. on 28 January 1996.
84. The additional investigation entailed the examination of the
applicant and six other witnesses on 23 January 1997 by Mr Neshev.
85. On 23 and 24 January 1997 the applicant made further requests for
the exhumation of the body and for a fresh forensic examination, claiming
that there were inconsistencies in the evidence. That was rejected by the
Razgrad Regional Prosecutor's Office on 31 January 1997 as being
unnecessary.
86. The applicant complained to the Chief Public Prosecutor's Office
(Главен прокурор). She stated, inter alia, that the prosecutors had
consistently failed to explain why the police had not taken proper care of
Mr Zabchekov following his arrest.
87. On 17 February 1997 Mr Neshev summoned the applicant
(represented by counsel) to allow her to consult the file on the investigation.
The applicant made a number of requests and objections concerning
shortcomings in the investigation. In particular, she stated that there had
been fundamental contradictions between the first and the second medical
reports, and that it was clearly impossible for a person suffering from such a
grave injury as that found by the autopsy to steal car parts and resist arrest.
The applicant again requested the exhumation of the body and the
appointment of experts to answer the questions raised in her previous
requests.
88. On 18 February 1997 Mr Neshev drew up a report stating that the
additional investigation ordered on 20 January 1997 had not disclosed
evidence that Mr Zabchekov had been beaten prior to his arrest. It was
therefore proposed to suspend the investigation.
89. By an order of 4 March 1997 the regional prosecutor,
Ms Hadzhidimitrova, suspended the criminal proceedings as all available
evidence had been collected and it was not possible to determine the precise
circumstances under which the fatal head injury had been inflicted.
90. The decision noted the findings of the military prosecutors, in
particular those concerning the skull fracture, and confirmed them. In