24
ANGUELOVA v. BULGARIA JUDGMENT
to Mr Zabchekov's death and, therefore, possibly at a time when he was in
police custody, either before or after he was taken to the police station (see
paragraph 59 above).
Furthermore, there were a number of other injuries to Mr Zabchekov's
body which could have been the result of the same events that caused the
skull fracture (see paragraphs 55, 56, 58, 77 and 92-94 above).
118. The Government stated that Mr Zabchekov might have sustained
his injuries by falling to the ground – before he encountered the police or
during the chase – as he was drunk and had a history of health problems.
The traces on his wrists were allegedly caused by the normal use of
handcuffs.
119. That supposition is not, however, supported by forensic evidence,
as the presence or absence of “contre-coup lesions” characteristic of falls
was not recorded by the autopsy (see paragraphs 73 and 95 above).
Furthermore, the Court considers it significant that none of the witnesses
who were in contact with the applicant's son until he was taken to the police
station reported any complaint of an ailment on his part.
As regards the use of handcuffs, according to the medical opinion
submitted by the applicant, handcuffs may leave marks if they are too tight
or the person is struggling or is dragged. The autopsy found a very slight
mark on Mr Zabchekov's left hand and severe bruising on his right hand
(see paragraphs 55, 56, 58 and 95 above). It was also reported that at some
point he was handcuffed to a tree. It seems unlikely, therefore, that the
injury to his right wrist was the result of normal use of tight handcuffs. The
other two possible explanations – that Mr Zabchekov was struggling or was
dragged – may suggest that he was ill-treated.
Finally, the Court does not find the information about Mr Zabchekov's
alleged illness reliable or particularly pertinent. It was based on statements
made by him and by his mother in the context of questioning on criminal
charges and, in any event, cannot lead to any reasonable conclusion as
regards the skull fracture or the other injuries (see paragraphs 96-98 above).
The Government's proposed conclusion that Mr Zabchekov might have
injured himself by falling is thus improbable when examined in the light of
all the surrounding facts.
120. In assessing the evidence in the present case, the Court, moreover,
attaches significant weight to the information that the police officers
behaved in a suspect manner and to the fact that the authorities accepted the
credibility of their evidence despite serious indications calling for caution.
Examples of the police's suspect behaviour are: between 3 a.m. and
5 a.m. on 29 January 1996, when they delayed contact between
Mr Zabchekov and a doctor and possibly attempted to choose which doctor
saw him (see paragraphs 32-40 above); their apparently false statement, in
answer to a question by Dr Mihailov, that Mr Zabchekov had been taken to
the police station in the same condition as that in which the doctor had seen