2
P.M. v. BULGARIA JUDGMENT
1. The events of 29 March 1991
6. According to the judgment of 30 November 2005 of the Stara Zagora
District Court, in the afternoon of 29 March 1991 the applicant, then aged
thirteen, was invited to a party at the home of Mr T.Z. There were several
young people in the apartment. After some time Mr D.I., then aged
seventeen, took the applicant to a separate room and threatened her, after
which he raped her. Then he went out and Mr T.Z., who was twenty-one
years old, entered the room. He beat the applicant and attempted to rape her
but was interrupted by his mother ringing the doorbell. Mr T.Z. asked the
applicant and the other guests to leave.
7. The applicant told her parents that she had been raped, and they took
her to the doctor and informed the police.
8. In a medical expert report of the same date two experts of the Stara
Zagora Military Medical Institute established that there was an injury to the
applicant’s hymen and that she had several bruises on her head.
2. The pre-trial investigation
(a) Preliminary inquiry
9. On 4 April 1991 the applicant’s mother lodged a written complaint
with the police authorities against Mr T.Z. and Mr D.I.
10. The police carried out an inquiry, in the course of which it took
statements from the applicant, Mr T.Z. and Mr D.I. The two suspects gave
their addresses.
(b) Opening of criminal proceedings
11. On 27 January 1992 the Stara Zagora district prosecutor opened
criminal proceedings against Mr T.Z. and Mr D.I.
12. On 9 April 1992 Mr T.Z. was charged with attempted aggravated
rape and was ordered not to leave the town pending the criminal
proceedings against him. On the same day the investigator questioned him,
the applicant and a witness.
13. In a letter of 10 April 1992 the investigator requested the police to
establish the full names and addresses of four witnesses.
(c) Stay of the proceedings
14. On 28 April 1992 the investigator established that Mr D.I. had not
appeared before him, although he had been duly summoned, and that the
whereabouts of certain witnesses were unknown. He proposed that the
criminal proceedings be stayed. By a decree of 24 November 1992 the
district prosecutor stayed the criminal proceedings against Mr T.Z. and
Mr D.I., on the ground that the latter’s whereabouts were unknown.