6
ANGUELOVA v. BULGARIA JUDGMENT
officers on duty. Ms. I.A., and D merely stated that the police officers had
searched the area. C stated that he had gone to alert the owners of the cars.
He had only seen that at a certain point Mr Zabchekov was with the police
officers at the car park, where his colleagues were comparing the soles of
Mr Zabchekov's shoes with traces visible in the snow. One of the car
owners was questioned, but only in respect of the damage caused to his car,
by a police officer who visited the site later, at about 11 a.m. on 29 January
1996.
28. According to some of the police officers, at some point when they
were searching the area they had noticed Mr Zabchekov lying or sitting on
the ground. A stated that at that point he had released Mr Zabchekov from
the tree, placed him on the back seat of the police car and handcuffed both
his hands. All the police officers who were present in Beli Lom Street stated
that at that time they had not noticed any trace of injury on Mr Zabchekov's
face. Some of them stated that he appeared to be drunk, and that he had
been mumbling and had not been communicative.
E. Events after Mr Zabchekov's arrival at the police station
29. At about 12.50 a.m. Mr Zabchekov was taken to the police station by
A and B.
The sergeant on duty, H, stated that he had seen A and B enter the police
station with Mr Zabchekov walking between them. The latter's hands had
been handcuffed behind his back. A and B had been holding him by the
arms and leading him in. Mr Zabchekov had been put in office no. 1. A
stated that at that point he had removed the handcuffs from the boy.
30. No written order for Mr Zabchekov's detention was issued.
31. According to the statements of A, B and H, Mr Zabchekov stayed in
office no. 1 with B and H, while A went to report to the senior officer on
duty, Colonel Iordanov (“I”). H further stated that at that moment he had
noticed a bruise on Mr Zabchekov's eyebrow. A and B did not mention any
injury. H also stated that Mr Zabchekov's clothes had been wet. They all
noticed that Mr Zabchekov had been drunk and mumbling.
Colonel I stated that A had informed him that Mr Zabchekov had been
brought to the police station; A had said that the arrested person had been
identified, but was too drunk for questioning. Colonel I had not seen Mr
Zabchekov until about 4.30 a.m. According to the sergeants' statements,
Colonel I had ordered that Mr Zabchekov should be given a seat in the
passage to sober up. A had then instructed H to call him over the radio as
soon as Mr Zabchekov was able to communicate. At an unspecified time A
and B had left the police station and returned to their patrol duties.
32. H stated that Mr Zabchekov had fallen asleep soon afterwards, on a
chair in the passage, and had been snoring. At about 3 a.m. H had allegedly
noticed that Mr Zabchekov had been lying asleep on the floor. H had woken