ANGUELOVA v. BULGARIA JUDGMENT
25
him at about 5 a.m. (see paragraph 39 above); and that the detention records
were tampered with (see paragraphs 41-46 above) and that Mr Zabchekov
was registered post factum as an “unidentified person” although he had been
well known to the police officers as a suspect on theft charges and had been
recognised by them at the very moment of their encounter (see paragraphs
25, 42 and 96-98 above).
These facts were important indications that required thorough
investigation; such an investigation was not undertaken.
121. Having regard to all the relevant circumstances, the Court thus
finds implausible the Government's explanation of Mr Zabchekov's death,
which was based on the conclusion of the second forensic report as to the
timing of the injury and a supposition that the boy might have injured
himself by falling to the ground. The Government have not offered any
other explanation.
122. Accordingly, there has been a violation of Article 2 of the
Convention.
B. The alleged failure to provide timely medical care
1. The parties' submissions
123. The applicant alleged that, although the police officers had seen the
boy shivering and shaking, they had considerably delayed medical
intervention through a series of suspect acts between 3 a.m. and 5 a.m. In
the applicant's view, the most likely explanation was that there had been an
attempt to avoid contact between Mr Zabchekov and an independent doctor
who might have revealed evidence of ill-treatment. Alternatively, there had
been a reckless disregard for the well-being of a detainee. In either case the
delay had been fatal.
124. The Government maintained that the police could not be held
responsible for not having realised that Mr Zabchekov had been in need of
urgent medical attention. When the police officers had first seen him it had
been dark. Furthermore, he had been drunk, there had been dirt all over his
body and his hair had covered the bruise over his left eyebrow.
Mr Zabchekov's condition had been interpreted as symptomatic of the
effects of alcohol. He had never complained of an ailment. The fact that no
signs of any major problems had been apparent during the lucid interval had
been confirmed by the medical experts.
2. The Court's assessment
125. The Court, referring to its findings as regards the suspect conduct
of the police (see paragraph 120 above), observes that they delayed the