Conclusion: violation based on failure to carry out effective official investigation (unanimously).
2. Article 6 § 1 of the Convention
Applicant alleged that any civil action for damages brought by him in respect of alleged ill-treatment by police
would have been stayed under Article 182(d) of the Code of Civil Procedure – case-law submitted to Court indicated
that civil courts not bound by decision of prosecuting authorities to terminate criminal investigation.
Conclusion: no violation (unanimously).
3. Article 13 of the Convention
Where individual has arguable claim to have been ill-treated in breach of Article 3, notion of effective remedy
entails, in addition to thorough and effective investigation as required also by Article 3, effective access for
complainant to investigatory procedure and payment of compensation where appropriate.
Conclusion: violation (unanimously).
ii. EVENTS OF AND SUBSEQUENT TO JULY 199
A. Preliminary objections
1. Alleged non-exhaustion of domestic remedies
Applicant made numerous requests for his release to prosecuting authorities and Shoumen District Court.
Conclusion: objection dismissed (unanimously).
2. Alleged abuse of process
No evidence of abuse of process.
Conclusion: objection dismissed (unanimously).
B. Merits
1. Article 3 of the Convention
Court can examine under Article 3 complaint about conditions of detention raised under Article 5 § 1 – must assess
conditions taken as a whole – not established conditions sufficiently severe to reach Article 3 level.
Conclusion: no violation (eight votes to one).
2. Article 5 § 1 of the Convention
Applicant detained on reasonable suspicion of having committed an offence – no evidence detention unlawful under
Bulgarian law.