ANGUELOVA v. BULGARIA JUDGMENT
33
159. The applicant stated that the criminal investigation had not been
effective, referring to her complaints under Articles 2 and 3 of the
Convention. She added that at the relevant time there had been no judicial
remedy against a prosecutor's decision to discontinue criminal proceedings.
160. The Government referred to their submissions under Articles 2 and
3 and stated that the applicant could have applied to join the criminal
investigation into her son's death as a private prosecutor or a civil plaintiff.
161. Article 13 of the Convention guarantees the availability at national
level of a remedy to enforce the substance of the Convention rights and
freedoms in whatever form they might happen to be secured in the domestic
legal order. The effect of Article 13 is thus to require the provision of a
domestic remedy to deal with the substance of an “arguable complaint”
under the Convention and to grant appropriate relief, although Contracting
States are afforded some discretion as to the manner in which they conform
to their Convention obligations under this provision. The scope of the
obligation under Article 13 varies depending on the nature of the applicant's
complaint under the Convention. Nevertheless, the remedy required by
Article 13 must be “effective” in practice as well as in law.
Where an arguable breach of one or more of the rights under the
Convention is in issue, there should be available to the victim a mechanism
for establishing any liability of State officials or bodies for that breach.
Furthermore, in appropriate cases, compensation for the pecuniary and nonpecuniary damage flowing from the breach should in principle be available
as part of the range of redress (see, as a recent authority, T.P. and K.M.
v. the United Kingdom [GC], no. 28945/95, §107, ECHR 2001-V).
In cases of suspicious deaths, given the fundamental importance of the
right to the protection of life, Article 13 requires, in addition to the payment
of compensation where appropriate, a thorough and effective investigation
capable of leading to the identification and punishment of those responsible
for the deprivation of life, including effective access for the complainant to
the investigation procedure (see Kaya, cited above, p. 330, § 107; Ergi,
cited above, p. 1782, § 98; Salman, cited above, § 123; and Velikova, cited
above, § 89).
162. The Court finds that the applicant had an arguable claim under
Articles 2 and 3 of the Convention in respect of her son's death and illtreatment and that, for the purposes of Article 13, she should accordingly
have been able to avail herself of effective and practical remedies capable of
leading to the identification and punishment of those responsible and to an
award of compensation.
However, in circumstances where – as here and as in Velikova, cited
above – the criminal investigation into the suspicious death was ineffective
as it lacked sufficient objectivity and thoroughness (see paragraphs 141-46
above), and the effectiveness of any other remedy that may have existed,
including the remedy suggested by the Government (the possibility of the