Communicated on 11 September 2017
FIFTH SECTION
Application no. 31604/17
Lilia Nikolaevna MILADINOVA
against Bulgaria
lodged on 21 April 2017
SUBJECT MATTER OF THE CASE
On 27 May 2014, the district prosecutor terminated criminal proceedings conducted against the applicant on the grounds that it had not been proved that the latter had committed a crime. On 28 August 2014, relying on that decision the applicant brought an action for damages under the State and Municipalities Responsibility for Damage Act (“the SMRDA”) against the prosecuting authorities for unlawful prosecution. By a decision of 12 February 2015 the regional public prosecutor’s office quashed the decision for termination of the criminal proceedings against the applicant and ordered their resumption.
By a judgment of 15 July 2015 the Kustendil District Court rejected the civil action for damages considering that because the criminal proceedings were pending the applicant’s civil claims had been brought prematurely. On 2 March 2016 the Kustendil Regional Court upheld this judgment. By a decision dated 26 October 2016, the Supreme Court of Cassation refused the applicant’s request for leave-to-appeal.
QUESTIONS tO THE PARTIES
1. Was the applicant’s right of access to a court to seek damages for wrong accusations (Article 6 § 1 of the Convention) unduly restricted, seeing that the basis of the applicant’s civil action – the decision of the Kustendil district prosecutor of 27 May 2014 – was subsequently quashed (see Fileva v. Bulgaria, no. 3503/06, 3 April 2012)?
What were the circumstances in which a decision of the prosecution to terminate the proceedings could be considered as “final” in determining the accusations?
2. The Government are requested to submit a copy of the decision of the regional public prosecutor’s office of 12 February 2015 ordering the resumption of the criminal proceedings against the applicant.
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