ANGUELOVA v. BULGARIA JUDGMENT
5
had told him: “Get up, I'm not going to drag you.” D stated that he had not
heard any such words being uttered. None of the witnesses' statements
indicates whether C or D spoke with Mr Zabchekov during the time when
they were alone with him at the entrance of the block of flats.
23. In the statement he gave on 29 January 1996, C said that, after the
police had left with Mr Zabchekov, he had found a wrench on the spot
where D, Mr Zabchekov and himself had been waiting for the police to
arrive. C thought that it must have belonged to Mr Zabchekov as it was the
right size for removing a car battery. C explained in his statement that he
had kept the wrench and had handed it over to the investigator in the
morning on 29 January 1996 when he had been summoned to the police
station after the death of Mr Zabchekov. However, in a statement taken on
31 January 1996 Sergeant Atanassov (“H”), who had been on duty at the
police station when Mr Zabchekov was brought there, said that he had
noticed the wrench on a desk at the police station no later than 1.30 a.m.,
shortly after Mr Zabchekov had arrived there. At a confrontation with the
other police officers on 26 April 1996, H recalled that he had in fact first
seen the wrench at a later stage.
D. The arrival of the police at Beli Lom Street
24. When the telephone call was received at the local police station a
patrol car with two police officers, Sergeants Penchev (“A”) and Kolev
(“B”), was dispatched to the address. When the police officers arrived they
saw C and Mr Zabchekov at the entrance of the block of flats. D was also
standing nearby.
25. A recognised Mr Zabchekov, whom he knew as a suspect in several
pending theft investigations, and addressed him by name. He handcuffed
him. A and some of the other police officers later asserted that at that
moment A warned the others to be careful as Mr Zabchekov had a “brain
disease”.
26. Another police car, with three police officers, Sergeants Ignatov
(“E”), Georgiev (“F”) and Dimitrov (“G”), arrived shortly afterwards. The
officers then proceeded to search the area for evidence of attempts by
Mr Zabchekov to break into cars. At some point, A led Mr Zabchekov to
one of the cars which appeared to have been broken into and asked him
whether he had been trying to steal anything. Mr Zabchekov allegedly
denied this. He was then handcuffed to a small tree and the police officers
continued to search the area. Having identified two cars which had been
broken into, the police officers rang the owners' doorbells. One of them
came out and went to see the damage done to his car. During that time
Mr Zabchekov remained handcuffed to the tree.
27. The only witnesses who gave details about the events between the
police's arrival and their departure with Mr Zabchekov were the police