2
ANGUELOVA v. BULGARIA JUDGMENT
6. By a decision of 6 June 2000, having regard to all the submissions of
the parties on the admissibility and merits of the case, the Chamber
constituted within that Section in accordance with Rule 26 § 1 declared the
application admissible [Note by the Registry. The Court's decision is
obtainable from the Registry].
7. On 1 November 2001 the Court changed the composition of its
Sections (Rule 25 § 1). This case was assigned to the newly composed First
Section (Rule 52 § 1).
8. The Chamber constituted within that Section decided, after consulting
the parties, that no hearing on the merits was required (Rule 59 § 2 in fine).
The applicant, but not the Government, filed observations on the merits
(Rule 59 § 1).
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
9. The applicant, Mrs Assya Anguelova, is a Bulgarian national who was
born in 1959 and lives in Razgrad.
10. On 29 January 1996 her son, Anguel Zabchekov, aged 17, who had
been known to the police as a suspect on theft charges, died after having
spent several hours in police custody in Razgrad following his arrest for
attempted theft. The ensuing investigations conducted by the prosecution
authorities ended with the conclusion that the death must have been caused
by an accidental injury which pre-dated Mr Zabchekov's arrest. The
applicant contested that conclusion.
The applicant describes herself and her late son as belonging to the
Roma/Gypsy ethnic group).
A. Evidence about the whereabouts of Mr Zabchekov on 28 January
1996
11. According to the statements of several witnesses, on 28 January
1996 Mr Zabchekov spent part of the day doing some odd jobs for a
neighbour. In the evening he went home for a while and then went out with
his sister, her boyfriend and a Mr M., another friend of his. He then spent
most of the evening in their company at a local bar. He consumed alcohol.
At about 10.30 p.m. or 11.30 p.m. Mr Zabchekov's sister and her
boyfriend left the bar, leaving him there with Mr M. The bar closed shortly
afterwards. Mr M. stated that he had then left the bar with Mr Zabchekov
and that they had parted at the door, Mr M. returning home.