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 at 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 which 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 resulting 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 experts 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 Registry does not bind the Court.
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