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HARAKCHIEV AND TOLUMOV v. BULGARIA

Doc ref: 15018/11;61199/12 • ECHR ID: 001-123747

Document date: July 9, 2013

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HARAKCHIEV AND TOLUMOV v. BULGARIA

Doc ref: 15018/11;61199/12 • ECHR ID: 001-123747

Document date: July 9, 2013

Cited paragraphs only

FOURTH SECTION

Applications nos . 15018/11 and 61199/12 Mitko Georgiev HARAKCHIEV against Bulgaria and Liudvik Slavov TOLUMOV against Bulgaria lodged on 22 February 2011 and 11 September 2012 respectively

The facts and complaints in these cases have been summarised in the Court ’ s decision, which is available in HUDOC.

QUESTIONS

Is the law governing life sentences without commutation ( доживотен затвор без замяна ) in Bulgaria compatible with the requirements of Article 3 of the Convention, as interpreted in the new Grand Chamber judgment in the case of Vinter and Others v. the United Kingdom ([GC], nos. 66069/09 and 130/10 and 3896/10, 9 July 2013)? In particular, does the mechanism of presidential clemency, as applied to life sentences without commutation, measure up to the standards laid down in that judgment? Are life prisoners in Bulgaria, such as the first applicant, Mr Harakchiev, “entitled to know, at the outset of [their] sentence, what [they] must do to be considered for release and under what conditions, including when a review of [their] sentence will take place or may be sought” (ibid., § 122)?

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