12
ANGUELOVA v. BULGARIA JUDGMENT
61. According to the applicant, in the morning of 30 January 1996 she
went to the office of the Regional Investigation Service in Razgrad and
requested information about the circumstances surrounding her son's death.
Mr Neshev, the investigator, informed the applicant that her son had died of
a skull fracture. According to the applicant, he explained that her son had
been trying to steal car parts and that, when the police had sought to
apprehend him, he had run away, had fallen down and had hit his head.
According to the applicant, during this meeting Mr Neshev asserted that
her son had been taken to hospital, omitting the fact that he had been in
police custody. When asked how Mr Zabchekov's skull could have been
fractured as a result of his fall, Mr Neshev had allegedly explained that the
autopsy had found an “abnormally thin skull”.
62. In the afternoon of 30 January 1996, upon receiving Mr Zabchekov's
body from the hospital, the applicant and other family members noticed
bruises on his body. The applicant went to the office of a local newspaper,
spoke with two journalists and took them to her home, where they took
pictures of Mr Zabchekov's body and clothes. Late in the afternoon of
30 January 1996 Mr Zabchekov was buried.
63. On 31 January and 1 February 1996 the investigator questioned
Ms I.M. and Ms I.A.
64. On 31 January 1996, by order of the regional prosecutor,
Ms Hadzhidimitrova, the investigation was transferred to the Regional
Military Prosecutor's Office (Окръжна военна прокуратура). That
decision was based on the finding that Mr Zabchekov had died after having
been in police detention. The regional prosecutor stated, inter alia:
“... for several hours immediately preceding [his] death, the minor Zabchekov,
apprehended at 1 a.m. on 29 January 1996 while attempting to steal car parts, was
taken by [police] officers ... and placed within the premises of the unit on duty in order
to restrict his freedom of movement. Therefore, although he was not detained pursuant
to section 35(1) taken in conjunction with section 33(1)(1) of the National Police Act
[Закон за националната полиция], as a matter of fact Zabchekov was forcibly held
in the police station for about three hours and in the course of his stay [there] ... his
condition suddenly deteriorated, and he lost consciousness.”
H. Investigation by the military prosecution and investigation
authorities
65. On 31 January 1996, having received the file on the case, the
Regional Military Prosecutor's Office opened an investigation under a new
file number (3-VIII/96, prosecutor's file 254/96). The case was assigned to a
military investigator (военен следовател).
During the following weeks the military investigator conducted new
examinations of the police officers involved, questioned five persons who