Luxembourg: Librairie Promoculture (14, rue Duchscher
(place de Paris), B.P. 1142, L-1011 Luxembourg-Gare)
The Netherlands: B.V. Juridische Boekhandel & Antiquariaat
A. Jongbloed & Zoon (Noordeinde 39, NL-2514 GC ’s-Gravenhage)
SUMMARY1
Judgment delivered by a Chamber
Bulgaria – alleged ill-treatment by police and pre-trial detention (Code of Civil Procedure, Article 182(d), Code of
Criminal Procedure)
I. EVENTS OF AND FOLLOWING 19 SEPTEMBER 1992
A. Preliminary objections
1. Alleged non-exhaustion of domestic remedies
Having exhausted all available remedies within criminal justice system without obtaining prosecution of police
officers alleged to have ill-treated him, applicant not required to attempt to obtain redress by bringing civil action for
damages.
Conclusion: objection dismissed (unanimously).
2. Alleged abuse of process
No evidence of abuse of right of petition.
Conclusion: objection dismissed (unanimously).
B. Merits
1. Article 3 of the Convention
(a) Alleged ill-treatment by police
Impossible to establish on basis of available evidence whether or not applicant’s injuries caused by police as
alleged.
Conclusion: no violation based on allegation of ill-treatment by police (eight votes to one).
(b) Adequacy of investigation
Where individual raises arguable claim to have been ill-treated in breach of Article 3, that provision read in
conjunction with Article 1 requires by implication that there should be an effective official investigation.