joinder of the case to other cases, (v) the intervention of other persons in the
procedure . Therefore , a more complex case may justify longer proceedings.7 The
European Court however Indicated that even in very complex cases unreasonable
delays may still occur.8
140. In Ivan lovchev Petrov v. Bulgaria,9 the Applicant and a certain Mr S.V. were arrested
in Sofia on suspicion of having stolen a car in 1990. They were charged and placed
in pre-trial detention. In the beginning of 1991 , Mr S.V managed to escape during a
transfer from one detention facility to another. In May 1991 , the Applicant was
released on bail. On 24 July 1991 , the Applicant was arrested in Gabrovo on charges
of theft. The case was joined to other cases pending against Mr S.V., some of which
also concerned the applicant. On 5 February 1993, the proceedings were stayed as
Mr S.V.'s whereabouts were unknown. According to the Applicant, Mr S.V. had
settled in Greece, but during the following years had come back to Bulgaria every
summer without ever having been stopped or bothered by the authorities , and had
even renewed his identity documents. The Court concluded that it took altogether
about 9 years for the matter to be disposed of.
141 . In determining whether or not the time was reasonable, the European Court held
that " ... the case was factually complex, as it concerned numerous offences
committed in different places. However, it does not appear that this was the principal
reason for the delays in the investigation. Nor does it seem that the Applicant
contributed in any way to the protraction of the proceedings, which was apparently
mainly the result of the authorities ' inability to track down and summon his coaccused, Mr. S.V. The absence of a co-accused cannot justify a period of inactivity
as long as the one obtaining in the present case, where almost no investigative
actions were carried out for a period of about nine years, especially since, in view of
See Boddaert v. Belgium (Application 12919/87) in wh ich a period of six years and three months was not
considered unreasonable by the Court since 1t concerned a difficult murder enqUiry and the parallel
progression of two cases.
8 See Ferantelli and Santangelo v. Italy (Application 19874/92) concerning a murder trral that took s1xteen
years.
7
9
Application 1 51 97/02.
41