122. The Court further notes that Mr Assenov and his parents on his behalf made numerous
requests for his release to the prosecuting authorities and the Shoumen District Court. In these
circumstances, it considers that the applicant has satisfied the requirements of Article 26 (see
paragraph 85 above).
It follows that the Government’s preliminary objection must be rejected.
2. Alleged abuse of process
123. The Government further contended that the allegations concerning the events of and
subsequent to July 1995 should have been declared inadmissible under Article 27 § 2 of the
Convention (see paragraph 87 above) since they did not form part of the initial application to the
Commission and were not causally linked to the matters originally complained of.
124. At the hearing before the Court, the Commission’s Delegate pointed out that the
Government had not raised at the admissibility stage any objection concerning the alleged
absence of connection between the applicant’s various complaints and observed that they should,
therefore, be estopped from raising this objection before the Court. The Delegate stated that in
any case applicants had the right to complain about any violation of their Convention rights; it
was merely a procedural matter whether the complaints would be examined jointly or
separately.
125. The Court agrees that since the Government’s preliminary objection concerning an alleged
abuse of process was not raised before the Commission at the admissibility stage of the
proceedings, the Government is estopped from raising it before the Court (see, amongst many
authorities, the Loizidou v. Turkey (Preliminary Objections) judgment of 23 March 1995,
Series A no. 310, p. 19, § 44).
126. The Government also contended that the allegations concerning the alleged failure by the
State to respect the right of individual petition under Article 25 of the Convention had not been
substantiated and were, therefore, manifestly ill-founded.
127. The Court finds no evidence of abuse of process in connection with the complaints in
question.
It therefore rejects the Government’s preliminary objection.
B. Merits
1. Alleged violation of Article 3 of the Convention
128. In the context of his complaint under Article 5 § 1 (see paragraph 137 below) the applicant
complained about the conditions of his detention at Shoumen police station. He claimed to have
shared with two to four adult prisoners a cell which measured 3 by 1.8 metres and was situated