M.C. v. BULGARIA JUDGMENT
7
lived next to the house where the second alleged rape had taken place. On
25 August 1995 a police officer drew up a report and forwarded the file to
the competent prosecutor.
45. On 14 November 1995 the district prosecutor opened a criminal
investigation into the alleged rape and referred the case to an investigator.
No charges were brought.
46. No action was taken on the case between November 1995 and
November 1996.
2. The proceedings in relation to the complaints by P. and A. alleging
perjury
47. On 24 August 1995 P. and A. filed complaints with the district
prosecutor's office, stating that the applicant and her mother had been
harassing them by making false public accusations.
48. On the basis of these complaints, on 28 August 1995, the district
prosecutor ordered a police inquiry. In September and October 1995 several
persons were heard and made written statements.
49. On 25 October 1995 a police officer drew up a report apparently
accrediting the allegations of P. and A. and disbelieving the version of the
facts as submitted by the applicant and her mother.
50. On 27 October 1995 the file was transmitted to the district
prosecutor's office with jurisdiction to decide whether or not to institute
criminal proceedings against the applicant and her mother. It appears that
the matter was left hanging and no decision was taken.
3. The resumed investigation into the rape case
51. Between 2 November and 9 December 1996 the investigator
questioned the applicant, her mother and other witnesses. P. and A. were
heard as witnesses.
52. The applicant gave a detailed account of the facts, repeating that P.
had overcome her resistance by pressing her against the car seat and
twisting her hands, and that thereafter she had been in a state of shock and
unable to resist A.
53. In his evidence, P. claimed that the applicant had actively responded
to his advances. He also asserted that the applicant had spoken with Mr M.
at the restaurant they had allegedly gone to after having sex.
54. Both A. and P. stated, inter alia, that shortly after having sex with P.
at the reservoir, the applicant had started caressing A. in the car.
55. On 18 December 1996 the investigator completed his work on the
case. He drew up a report stating that there was no evidence that P. and A.
had used threats or violence, and proposed that the prosecutor close the
case.