26
ANGUELOVA v. BULGARIA JUDGMENT
provision of medical assistance to Mr Zabchekov and that that contributed
in a decisive manner to the fatal outcome.
126. The Government's position is that the police officers, not being
medical professionals, could not be criticised for having failed to detect that
there was a medical emergency.
127. That argument is, however, irrelevant, as it is not disputed that at a
certain point after 3 a.m. the police officers realised that Mr Zabchekov's
condition was deteriorating. Even then, instead of calling for an ambulance,
they contacted their colleagues who had arrested the boy. Those officers,
who were on patrol duty, saw fit to abandon their patrolling tasks and drive
back to the police station to verify the situation. Having seen
Mr Zabchekov's condition, they took the time to drive to the hospital and
then return, followed by an ambulance, instead of calling for one (see
paragraphs 32-40 above).
128. It is particularly significant, furthermore, that the case file does not
contain any trace of criticism or disapproval of that manner of dealing with
a detainee's medical problem.
129. The first medical report and the expert whose opinion was
submitted by the applicant found that the delay in providing medical
assistance had been fatal (see paragraphs 59 and 95 above).
130. The Court thus finds that the behaviour of the police officers
between 3 a.m. and 5 a.m. on 29 January 1996 and the lack of any reaction
by the authorities constituted a violation of the State's obligation to protect
the lives of persons in custody.
131. There has been therefore a violation of Article 2 § 1 of the
Convention in that respect.
C. The alleged ineffectiveness of the investigation
1. The parties' submissions
132. The applicant considered that the investigation into the death of her
son had been inadequate as the authorities had failed to investigate, inter
alia: the post hoc doctoring of the detention records; the non-fatal injuries;
the police officers' strange behaviour between 3 a.m. and 5 a.m.; the reason
why the two doctors had quarrelled at about 5 a.m.; and the fact that the first
information the applicant's family had received about Mr Zabchekov's death
had failed to mention that the boy had been detained.
133. The applicant further submitted that because of the traditional ties
between prosecutors, investigators and the police and the absence, at the
material time, of judicial review in respect of decisions not to prosecute, the
decision-making authorities responsible for investigating ill-treatment by
the police were not sufficiently independent and impartial.