ANGUELOVA v. BULGARIA JUDGMENT
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Government had developed their own arbitrary theory for the purposes of
the present case. In reality, it was obvious that the injuries were the result of
ill-treatment and that, in the absence of any evidence to the contrary, they
must have been inflicted at the same time as the fatal skull injury.
105. The applicant also considered it particularly striking that no
explanation had been provided concerning the suspect behaviour of the
police officers and their conspicuous attempt to forge the detention register.
(b) The Government
106. The Government, referring to the second forensic report, stated that
the fatal injury had been inflicted more than ten hours prior to
Mr Zabchekov's death and, therefore, long before his arrest.
It was undisputed that Mr Zabchekov had consumed a large quantity of
alcohol before his arrest. He had been drunk and staggering. Furthermore,
there was clear evidence that he had fallen several times while running.
In the Government's view the evidence concerning his behaviour at the
time of his arrest and detention – which corresponded to the typical
symptoms of a “lucid interval” after a skull fracture – confirmed the medical
experts' conclusions about the timing of the fatal injury.
107. The Government pointed out that the statements of the witnesses
relating to the whereabouts of Mr Zabchekov prior to his arrest contained
contradictions.
Furthermore, on several occasions in 1995 the applicant had stated that
her son was ill and – when younger – had sometimes lost consciousness and
suffocated. Mr Zabchekov himself had confirmed in 1995 that he had
suffered from headaches and fainting. On that basis, the Government
concluded that the experts' finding that Mr Zabchekov might have received
the fatal injury by falling on a broad hard surface was plausible.
108. The Government stressed that there was no evidence of any illtreatment by the police. In their view, the injuries to Mr Zabchekov's chest
and face must have been the result of his falling on the ground, and those to
his wrists must have been caused by the normal use of handcuffs.
2. The Court's assessment
(a) General principles
109. Article 2 of the Convention, which safeguards the right to life,
ranks as one of the most fundamental provisions in the Convention.
Together with Article 3, it enshrines one of the basic values of the
democratic societies making up the Council of Europe. The object and
purpose of the Convention as an instrument for the protection of individual
human beings also requires that Article 2 be interpreted and applied so as to
make its safeguards practical and effective (see McCann and Others v. the