Information Note on the Court’s case-law 19

June 2000

Anguelova v. Bulgaria (dec.) - 38361/97

Decision 6.6.2000 [Section IV]

Article 2

Article 2-1

Life

Death in police custody: admissible

The applicant’s 17-year old son was arrested on suspicion of stealing car parts. He was taken to a police station just before 1 a.m. He had been drinking heavily. According to a report, his health suddenly deteriorated a t 4.30 a.m. and he was taken to hospital, where he died at about 5.15 a.m. Criminal proceedings were instituted. The statements given to the investigator indicated that the boy had initially been arrested by an off-duty policeman after a chase, during whic h the boy had fallen several times. None of the five policemen who subsequently attended had seen any injuries, although at the police station a bruise on his eyebrow was noticed. An autopsy report stated that death was caused by a brain haemorrhage result ing from an abrupt and strong blow which had fractured the back of the left eye bone. The applicant stated that there were other marks of injury on his son’s body. The case was then transferred to a military investigator. A further report by five medical e xperts confirmed the cause of death, but indicated, contrary to the autopsy report, that the haematoma had been in place for at least 10 hours before death. It stated that the injury, and also the other injuries, could have been caused by a kick or a fall. The investigation was discontinued and the case returned to the regional prosecutor, who decided to suspend the criminal proceedings.

Admissible under Articles 2, 3, 5, 13 and 14.

© Council of Europe/European Court of Human Rights This summary by the Reg istry does not bind the Court.

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