10
P.M. v. BULGARIA JUDGMENT
hardly be regarded as having been effective and capable of leading to the
proper punishment of those responsible.
67. It follows that there has been a violation of the respondent State’s
procedural obligations under Article 3 of the Convention.
II. ALLEGED VIOLATION OF ARTICLES 6 AND 13 OF THE
CONVENTION
68. The applicant complained that the length of the criminal proceedings
against her aggressors had been excessive and that she had not had an
effective domestic remedy in this respect. She relied on Articles 6 § 1 and
13 of the Convention, which provide, in so far as relevant:
Article 6 § 1
“In the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a ... hearing within a reasonable time by [a] ...
tribunal ...”
Article 13
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
69. The Court notes that the applicant did not join the criminal
proceedings against her aggressors as a civil party (see paragraph 46 above)
and that therefore the proceedings at issue did not concern the determination
of her civil rights within the meaning of Article 6 (see Perez v. France
[GC], no. 47287/99, § 70, ECHR 2004-I). The Court further notes that the
applicant’s grievances concerning the protracted investigation have already
been examined under Article 3 as an aspect of its effectiveness (see
paragraphs 65-67 above).
70. It follows that Article 6 § 1 does not apply, and the complaints under
Article 6 and, as a consequence under Article 13, are therefore incompatible
ratione materiae with the provisions of the Convention and should be
rejected pursuant to Article 35 §§ 3 and 4.