Communicated on 29 August 2017
FIFTH SECTION
Application no. 39232/17
Albena Todorova STEFANOVA
against Bulgaria
lodged on 23 May 2017
SUBJECT MATTER OF THE CASE
On 24 July 2014 the applicant was detained for twenty-four hours in the police station of Elhovo. In a judgment of 18 September 2014 the Yambol Administrative Court quashed as unlawful the police detention order. In August 2015 the applicant brought a civil claim for compensation under the State and Municipalities Liability for Damage Act. In a final judgment of 16 January 2017 the Supreme Administrative Court dismissed her claim on grounds that she had failed to prove that she had suffered non-pecuniary damage as a result of her detention.
QUESTIONs tO THE PARTIES
Did the applicant have an enforceable right to compensation for her unlawful detention, as required by Article 5 § 5 of the Convention?
In the affirmative, was the judgment of the Supreme Administrative Court of 16 January 2017 dismissing her claim for damages in conformity with that provision (see Danev v. Bulgaria, no. 9411/05, 2 September 2010 and Dzhabarov and Others v. Bulgaria, nos. 6095/11 and 2 others, 31 March 2016)?
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