Published on 8 January 2024

THIRD SECTION

Application no. 60279/21 Lyubomir Darinov DANKOV against Bulgaria lodged on 9 December 2021 communicated on 15 December 2023

SUBJECT MATTER OF THE CASE

The application concerns the applicant’s complaints under Article 3 (he also relies on Article 13) of the Convention that he was ill-treated by the police during his arrest on 14 August 2020 and subsequent 24-hour police custody on suspicion of molesting a minor on a public beach. In particular, he complains that his beating resulted in haematomas in the chest area and on both thighs, and that in a final decision of 1 October 2021 the prosecutor refused to open criminal proceedings into his related complaints.

QUESTIONS TO THE PARTIES

1. Was the applicant subjected to ill-treatment during his arrest and police-custody in August 2020, in breach of Article 3 of the Convention ( see, among others, Gäfgen v. German y [GC], no. 22978/05, §§ 87-93, ECHR 2010 and , mutatis mutandis , Anzhelo Georgiev and Others v. Bulgari a , no. 51284/09, §§ 65-, 30 September 2014)?

2. Was there an effective investigation into the applicant’s allegation of ill-treatment, as required by Article 3 (see, among others, El-Masri v. the former Yugoslav Republic of Macedonia [GC], no. 39630/09, § 182-185, ECHR 2012)?