8
P.M. v. BULGARIA JUDGMENT
into force of the Convention in respect of Bulgaria disclosed a breach of
Article 3 under its procedural limb (see Tuna, cited above, § 63).
2. Exhaustion of domestic remedies and conclusion on admissibility
59. The Court notes that the applicant did not appeal against the decision
of the Regional Court of 20 October 2006 to terminate the criminal
proceedings against Mr T.Z. as time-barred (see paragraph 51 above).
Nevertheless, in view of the clear-cut domestic legislation and case-law on
the statutory period of limitation (see paragraph 52 above), it does not
appear that a cassation appeal by the applicant would have offered any
prospect of a different outcome. The Court therefore considers that the
complaint under Article 3 cannot be dismissed for failure to exhaust
domestic remedies.
60. It further notes that the complaint under Article 3 is not manifestly
ill-founded within the meaning of Article 35 § 3 (a) of the Convention and
is not inadmissible on any other grounds. It must therefore be declared
admissible.
B. Merits
1. The parties’ submissions
61. The applicant stated that although she had been a victim of a serious
sexual assault at the young age of thirteen, the authorities had unduly
delayed the gathering of evidence for more than ten years, thus preventing
the establishment of the truth and the punishment of the offenders. She
complained, in effect, that there had been no effective official investigation
of the offences, affecting her personal integrity, of which she had been a
victim.
62. The Government stated that they would leave it to the Court to
decide whether Article 3 had been violated. They acknowledged that during
the pre-trial stage the proceedings had been suspended for a considerable
period of time. Nevertheless, they argued that the authorities had conducted
a thorough and careful investigation and that no delays had occurred during
the trial.
2. The Court’s assessment
63. The relevant principles concerning the State’s obligation inherent in
Article 3 of the Convention to investigate cases of ill-treatment, and in
particular sexual abuse, committed by private individuals, are set out in
M.C., cited above, §§ 148-153.
64. As regards the Convention requirements relating to the effectiveness
of an investigation, the Court has held that it should in principle be capable