M.C. v. BULGARIA JUDGMENT 1 In the case of M.C. v. Bulgaria, The European Court of Human Rights (First Section), sitting as a Chamber composed of: Mr C.L. ROZAKIS, President, Mrs F. TULKENS, Mrs N. VAJIĆ, Mr E. LEVITS Mrs S. BOTOUCHAROVA, Mr A. KOVLER Mr V. ZAGREBELSKY, judges, and Mr S. NIELSEN, Deputy Registrar, Having deliberated in private on 13 November 2003, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 39272/98) against the Republic of Bulgaria lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Bulgarian national, M.C. (“the applicant”), on 23 December 1997. In the proceedings before the Court, the President of the Chamber acceded to the applicant's request not to have her name disclosed (Rule 47 § 3 of the Rules of Court). 2. The applicant, who had been granted legal aid, was represented by Mr Y. Grozev, a lawyer practising in Sofia. Mr Grozev submitted a power of attorney dated 27 November 1997, signed by the applicant and her mother. The Bulgarian Government (“the Government”) were represented by their Agents, Ms V. Djidjeva, Ms M. Dimova and Ms M. Kotzeva, of the Ministry of Justice. 3. The applicant alleged violations of her rights under Articles 3, 8, 13 and 14 of the Convention in that domestic law and practice in rape cases and the investigation into the rape of which she had been a victim did not secure the observance by the respondent State of its positive obligation to provide effective legal protection against rape and sexual abuse. 4. The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11). 5. The application was initially allocated to the Fourth Section of the Court (Rule 52 § 1). 6. On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed First

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