P.M. v. BULGARIA JUDGMENT
9
of leading to the establishment of the facts of the case and to the
identification and punishment of those responsible. This is not an obligation
of result, but one of means. The authorities must have taken the reasonable
steps available to them to secure the evidence concerning the incident, such
as witness testimony and forensic evidence, and a requirement of
promptness and reasonable expedition is implicit in this context (see Denis
Vasilyev v. Russia, no. 32704/04, § 100, 17 December 2009, with further
references). The promptness of the authorities’ reaction to the complaints is
an important factor (see Labita v. Italy [GC], no. 26772/95, §§ 133 et seq.,
ECHR 2000-IV). Consideration has been given in the Court’s judgments to
matters such as the opening of investigations, delays in identifying
witnesses or taking statements (see Mătăsaru and Saviţchi v. Moldova,
no. 38281/08, §§ 88 and 93, 2 November 2010), the length of time taken for
the initial investigation (see Indelicato v. Italy, no. 31143/96, § 37,
18 October 2001), and unjustified protraction of the criminal proceedings
resulting in the expiry of the statute of limitations (see Angelova and Iliev
v. Bulgaria, no. 55523/00, §§ 101-103, 26 July 2007).
65. Applying these principles to the present case, the Court notes that on
7 September 1992, the date of entry into force of the Convention in respect
of Bulgaria, the investigation was dormant, no significant investigative
measures having been carried out on the ground that the address of one of
the suspects, Mr D.I., was unknown. It is highly significant, however, that
when Mr D.I. was eventually “found” eight years later, it turned out that he
had never changed his address (see paragraph 16 above). Apparently no
attempts were made to establish his whereabouts during this considerable
period. No consideration was given to the possibility of separating the cases
against Mr T.Z. and Mr D.I. and proceeding with the case in respect of the
former. In the Court’s view, the authorities’ inaction verges on arbitrariness,
having regard, in particular, to the gravity of the facts and the applicant’s
age at the relevant time. As a result, a number of urgent investigative
measures, such as the commissioning of an expert examination of the
applicant’s clothes and interviewing witnesses, were taken only many years
after the rape (see paragraphs 21 and 30 above). It is to be noted
furthermore that two decisions to discontinue the criminal proceedings were
issued, only to be subsequently set aside by the supervising prosecutors (see
paragraphs 24-34 above).
66. In view of the exceptionally slow pace of the proceedings, it is not
surprising that the prosecution eventually became time-barred. The
domestic courts discontinued the proceedings against one of the defendants,
Mr T.Z., and although they convicted the other one, Mr D.I., they did not
punish him because of the statute of limitations (see paragraphs 48-50
above). Thus, although the facts of the case and the identity of the offenders
were established, albeit many years after the rape, the investigation can