ANGUELOVA v. BULGARIA JUDGMENT
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so-called 'lucid interval' – the time during which they do not display visible warning
signs. Their condition gradually deteriorates ... they develop a headache, speech
disturbances and problems of coordination of movement, [they] become unstable and
sleepy, they stagger, etc., until they fall into a coma.”
75. The photographs relied on by the experts were taken at the time of
the autopsy, which began at 11.30 a.m. on 29 January 1996.
76. The experts also found, in view of the amount of alcohol found in
Mr Zabchekov's blood, that the symptoms resulting from the head injury
had been masked by the effects of alcohol.
77. The report of the five experts also dealt with the other injuries to
Mr Zabchekov's body:
“The haematoma on the right side of the chest is the result of a blow by or against a
flat object with a broad hitting surface, which could have taken the form of a kick, a
fall and a collision against a larger object and other objects. The general appearance of
the bruise corresponds to the imprint of the clothes of the deceased, which indicates
that the blow was inflicted through the clothes ... The bruises and injuries to the right
side of the forehead, the two wrist joints and the lower lip are the result of the use of
hard, blunt and/or sharp-edged objects with a limited hitting surface. The
characteristics of the injuries to the two wrist joints make it possible to conclude that
they were caused when the handcuffs were put on, in accordance with the available
information ...”
78. On 25 July 1996 the investigator drew up a report proposing to
terminate the proceedings.
79. On 31 July 1996 the Regional Military Prosecutor's Office closed the
investigation as there was no connection between the acts of the police and
the death of Mr Zabchekov. That conclusion was based on the finding of the
second medical report that at least ten hours had passed between the injury
and death.
80. On 6 August 1996 the applicant lodged an appeal with the National
Military Prosecutor's Office (Прокуратура на въоръжените сили). She
contended that the investigation had been incomplete and pointed to the
repeated refusal to carry out an exhumation, to the alleged discrepancies
between the evidence of different witnesses and to the lack of explanation
for certain facts, including all the injuries to Mr Zabchekov's body.
81. On 18 December 1996 the National Military Prosecutor's Office
confirmed the closure of the investigation and refused the applicant's
requests. Its decision stated, inter alia:
“[A]part from the physical force used during the arrest of Zabchekov for attempting
to steal from cars, there is no evidence that any violence was used against him by
police officers, whether ... inside or outside the ... police station. Furthermore, the firm
conclusion of the report of the five experts, who are highly qualified in their field, is
that the lethal injury was caused more than ten hours prior to death.”
82. It was also decided to refer the case back to the Regional
Prosecutor's Office in Razgrad, which was competent to deal with the