CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 10 août 2006

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page-break-inside:avoid; page-break-after:avoid } .s69DCC830 { margin-top:36pt; margin-bottom:0pt } .sB4145D37 { width:34.69pt; display:inline-block } .s38C76525 { width:172.98pt; display:inline-block } .s8EFC8F8 { width:32.36pt; display:inline-block } .sC0ADED72 { width:219.66pt; display:inline-block }     FIFTH SECTION     CASE OF YORDANOV v. BULGARIA     (Application no. 56856/00)       JUDGMENT       STRASBOURG   10 August 2006       FINAL     10/11/2006       This judgment will become final in the circumstances set out in Article   44 §   2 of the Convention. It may be subject to editorial revision. In the case of Yordanov v. Bulgaria, The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:   Mr   P. Lorenzen , President ,   Mrs   S. Botoucharova ,   Mr   K. Jungwiert ,   Mr   V. Butkevych ,   Mrs   M. Tsatsa-Nikolovska ,   Mr   R. Maruste ,   Mrs   R. Jaeger, judges, and Mrs C. Westerdiek , Section Registrar , Having deliberated in private on 3 July 2006, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 56856/00) against the Republic of Bulgaria lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Bulgarian national, Mr Nikolay Dobromirov Yordanov (“the applicant”), on 4 January 2000. 2.     The applicant was represented by Mr V. Stoyanov, a lawyer practising in Pazardzhik. 3.     The Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Karadjova, of the Ministry of Justice. 4.     On 26 October 2004 the Court decided to communicate the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility. 5.     The Government did not submit observations on the admissibility and merits of the application. 6.     On 1 April 2006 this case was assigned to the newly constituted Fifth Section (Rule 25 § 5 and Rule 52 § 1). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE A.     The search of the applicant's apartment 7.     On 29   December 1999 the applicant's apartment was searched by the police with the apparent approval of the Prosecutor's Office. It was apparently conducted following the receipt of information received as a result of the arrest of several drug addicts earlier in the day. The applicant claimed, which the Government did not challenge, that the search was conducted in the absence of the applicant or an adult representative of the household and only in the presence of two witnesses, neither of them being the residence's manager or a representative of the municipality. Various items were seized, including an unspecified quantity of drugs and three stolen automobile registration documents. B.     The criminal proceedings against the applicant and his detention in the context of these proceedings 8.     Following the search of the applicant's apartment on 29   December 1999, the police arrested him and took him into custody for twenty-four hours. 9.     On 30 December 1999 the applicant was charged with possession of drugs with intent to supply. He was remanded in custody upon a decision of an investigator which was apparently confirmed by the Prosecutor's Office later in the day. In ordering the remand in custody, the investigator found that the applicant might abscond or re-offend considering the fact that he had a previous conviction for drug related offences and had another three preliminary investigations opened against him. 10.     The applicant appealed against his detention on the same day, 30   December 1999. He argued that that there was insufficient evidence against him and that there was no danger that he might abscond or re-offend. He claimed that he was a drug addict, that he required medical treatment for his addiction, that the drugs found in his apartment were for personal consumption, that he had a permanent address and that he had to care for his disabled mother. The appeal was sent by registered post both to the Pazardzhik Regional Court and the Pazardzhik Regional Investigation Service. It is unclear when they received it. 11.     On 1 January 2000 amendments to the Code of Criminal Procedure entered into force in respect of the legal regime of detention and its justification. 12.     On 4 January 2000 the applicant's lawyer requested in writing from the Pazardzhik police copies of the orders for the search of his client's home and for his arrest. In a response of 24 February 2000 the police refused to provide him with copies of the documents arguing that the applicant had received copies of the same at the time of the search and arrest. 13.     In connection with the processing of the applicant's appeal of 30   December 1999, the Pazardzhik Regional Investigation Service forwarded the applicant's case file to the Pazardzhik Regional Court on 5   January 2000. 14.     On 7 January 2000 the Pazardzhik Regional Court examined the applicant's appeal of 30 December 1999 and dismissed it. It found that the applicant's claim that he required medical supervision and treatment was unsubstantiated. It further considered that based on the evidence before it there was sufficient evidence that he may have committed the offence with which he had been charged and, taking into account his previous conviction and the existence of another three preliminary investigations against him, that he might abscond or re-offend. The applicant appealed against the decision on an unspecified date. 15.     On 13 January 2000 the Plovdiv Court of Appeals examined the applicant's appeal. In addition to the arguments presented before the Pazardzhik Regional Court the applicant also claimed that he had an ongoing business operating a shop. The court dismissed the applicant's appeal on grounds similar to those given by the Pazardzhik Regional Court. Namely, that based on the evidence before it there was sufficient evidence to ground a reasonable suspicion that the applicant might have committed the offence with which he had been charged and, taking into account his previous conviction and the existence of another three preliminary investigations against him, that he might abscond or re-offend. 16.     The subsequent development of the criminal proceedings is unclear. No further information detailing their development has been provided by the parties following the applicant's letter of 5 April 2000. As of the date of the said letter, the applicant was still in remanded custody. However, it is unknown whether, and when, he was subsequently released or granted bail. C.     The conditions of the applicant's detention 17.     The applicant contended, which the Government did not challenge, that as from 29   December 1999 he was detained at the Pazardzhik Regional Investigation Service at least until 5   April 2000 (see paragraph 16 above). 18.     In the applicant's submission the cells were small, overcrowded and below street level. There was no natural light or fresh air in the cells. Quite often there were rodents and cockroaches. A bucket was provided for the sanitary needs of the detained. There was no hot water, soap or other toiletries. The applicant was not permitted to go out of his cell for exercise. The food provided was of insufficient quantity and substandard. The applicant was not allowed to read newspapers or books. The applicant also referred to his drug addiction and the need for provision of medical treatment in a medical facility. 19.     In support of his assertions pertaining to the conditions of detention at the above facility, the applicant presented declarations from another two detainees, Mr D.A. and Mr. R.D., corroborating his claims. II.     RELEVANT DOMESTIC LAW AND PRACTICE A.     Power to order pre-trial detention, grounds for pre-trial detention and appeals against detention 1.     Before 1 January 2000 20.     The relevant provisions of the Code of Criminal Procedure (the “CCP”) and the Bulgarian courts' practice at the relevant time are summarised in the Court's judgments in several similar cases (see, among others, Nikolova v. Bulgaria [GC], no. 31195/96, §§ 25-36, ECHR 1999-II; Ilijkov v. Bulgaria , no.   33977/96, §§ 55-59, 26 July 2001; and Yankov v.   Bulgaria , no.   39084/97, §§ 79-88, ECHR 2003-XII (extracts)). 2.     After 1 January 2000 21.     As of that date the legal regime of detention under the CCP was amended with the aim to ensure compliance with the Convention (TR 1-02 Supreme Court of Cassation). 22.     The relevant part of the amended Article 152 provides: “(1)     Detention pending trial shall be ordered [in cases concerning] offences punishable by imprisonment..., where the material in the case discloses a real danger that the accused person may abscond or commit an offence. (2)     In the following circumstances it shall be considered that [such] a danger exists, unless established otherwise on the basis of the evidence in the case: 1.     in cases of special recidivism or repetition; 2.     where the charges concern a serious offence and the accused person has a previous conviction for a serious offence and a non-suspended sentence of not less than one year imprisonment; 3.     where the charges concern an offence punishable by not less than ten years' imprisonment or a heavier punishment. (3)     Detention shall be replaced by a more lenient measure of control where there is no longer a danger that the accused person may abscond or commit an offence.” 23.     It appears that divergent interpretations of the above provisions were observed in the initial period of their application upon their entry into force on 1 January 2000. 24.     In June 2002 the Supreme Court of Cassation clarified that the amended Article 152 excluded any possibility of a mandatory detention. In all cases the existence of a reasonable suspicion against the accused and of a real danger of him absconding or committing an offence had to be established by the authorities. The presumption under paragraph 2 of Article   152 was only a starting point of analysis and did not shift the burden of proof to the accused (TR 1-02 Supreme Court of Cassation). B.     Search of premises 1.     Search of premises during an enquiry 25.     At the relevant time, Article 191 of the CCP provided that in the course of an enquiry (i.e. when there was insufficient evidence to initiate formal criminal proceedings) a search of premises could be conducted only in the course of examining a crime scene and if its immediate execution was the only possibility to collect and secure evidence. 2.     Search of premises during criminal proceedings 26.     At the relevant time, Article 134 of the CCP provided that a search of premises might be carried out if there was probable cause to believe that objects or documents, which might be relevant to a case, would be found in them. Such a search could be ordered by the trial court (during the trial phase) or by the prosecutor (during the pre-trial phase) (Article 135). 27.     A search of premises was to be conducted in the presence of witnesses and the person living there or an adult member of his family. In case the person living there or an adult member of his family could not be present, the search was to be conducted in the presence of the residence's manager or a representative of the municipality (Article 136). 28.     There was no special procedure through which a search warrant issued by a prosecutor could be challenged. Thus, the only possible appeal was a hierarchical one to the higher prosecutor (Article 182), which did not have suspensive effect (Article 183). C.     The State Responsibility for Damage Act 29.     The State Responsibility for Damage Act of 1988 (the “SRDA”) provides that the State is liable for damage caused to private persons by (a)   the illegal orders, actions or omissions of government bodies and officials acting within the scope of, or in connection with, their administrative duties; and (b) the organs of the investigation, the prosecution and the courts for unlawful pre ‑ trial detention, if the detention order has been set aside for lack of lawful grounds (sections 1-2). In respect of the regime of detention and conditions of detention, the relevant domestic law and practice under sections 1 and 2 of the SRDA has been summarised in the cases of Iovchev v. Bulgaria (no. 41211/98, §§ 76-80, 2   February 2006) and Hamanov v. Bulgaria (no. 44062/98, §§ 56-60, 8 April 2004). 30.     In respect of conditions of detention, despite some initial uncertainty as to the applicability of the SRDA in respect of complaints relating to conditions of detention, in a number of recent cases the domestic courts have ruled that the State's liability does arise under the SRDA and its section 1 in particular (реш. от 17.02.2003 г. по гр. д. № 1380/2002 г. на Пловдивският АС; реш. № 126 от 08.06.2005 г. по въззивно гр. д. №   205/2005 г. на Добричкият ОС; реш. № 380 от 19.07.2005 г. по гр. д. №   177/2005 г. на Габровският РС; реш. 04.05.2005   г. по гр. д. №   21393/2003 г. на Софийският РС; реш. № 444 от 08.07.2005 г. по гр. д. №   1031/2004 г. на Ловешкият РС; реш. № 4 от 18.02.2005 г. по гр. д. №   3267/2004 г. на Русенският РС). 31.     In respect of unlawful searches of premises, the only reported case dates from 2002 where the Sofia City Court examined, on appeal, an action for damages stemming from an allegedly unlawful search and seizure conducted by the authorities in the home of the claimant. In that particular case, the court rescinded the judgment of the lower court and remitted the case solely because the latter court had failed to examine the action under Article 1 of the SRDA, but had rather examined it as a tort action. Accordingly, the Sofia City Court instructed the lower court to re-examine the said action solely under the SRDA (реш. от 29 юли 2002 г. по гр. д. №   169/2002 г., СГС, IVб отд.). III.     REPORTS OF THE EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (“THE CPT”) 32.     The CPT visited Bulgaria in 1995, 1999, 2002 and 2003. The Pazardzhik Regional Investigation Service was visited in 1995. There are also general observations about the problems in all Investigation Service detention facilities in the 1995, 1999 and 2002 reports. A.     Relevant findings of the 1995 report (made public in 1997) 1.     General observations 33.     The CPT found that most, albeit not all, of the Investigation Service detention facilities were overcrowded. With the exception of one detention facility where conditions were slightly better, the conditions were as follows: cells did not have access to natural light; the artificial lighting was too weak to read by and was left on permanently; ventilation was inadequate; the cleanliness of the bedding and the cells as a whole left much to be desired; detainees could access a sanitary facility twice a day (morning and evening) for a few minutes and could take a weekly shower; outside of the two daily visits to the toilets, detainees had to satisfy the needs of nature in buckets inside the cells; although according to the establishments' internal regulations detainees were entitled to a “daily walk” of up to thirty minutes, it was often reduced to five to ten minutes or not allowed at all; no other form of out-of-cell activity was provided to persons detained. 34.     The CPT further noted that food was of poor quality and in insufficient quantity. In particular, the day's “hot meal” generally consisted of a watery soup (often lukewarm) and inadequate quantities of bread. At the other meals, detainees only received bread and a little cheese or halva. Meat and fruit were rarely included on the menu. Detainees had to eat from bowls without cutlery – not even a spoon was provided. 35.     The CPT also noted that family visits and correspondence were only possible with express permission by a public prosecutor and that, as a result, detainees' contacts with the outside world were very limited. There was no radio or television. 36.     The CPT concluded that the Bulgarian authorities had failed in their obligation to provide detention conditions which were consistent with the inherent dignity of the human person and that “almost without exception, the conditions in the Investigation Service detention facilities visited could fairly be described as inhuman and degrading”. In reaction, the Bulgarian authorities agreed that the CPT delegation's assessment had been “objective and correctly presented” but indicated that the options for improvement were limited by the country's difficult financial circumstances. 37.     In 1995 the CPT recommended to the Bulgarian authorities, inter alia , that sufficient food and drink and safe eating utensils be provided, that mattresses and blankets be cleaned regularly, that detainees be provided with personal hygiene products (soap, toothpaste, etc.), that custodial staff be instructed that detainees should be allowed to leave their cells during the day for the purpose of using a toilet facility unless overriding security considerations required otherwise, that the regulation providing for thirty minutes' exercise per day be fully respected in practice, that cell lighting and ventilation be improved, that the regime of family visits be revised and that pre-trial detainees be more often transferred to prison even before the preliminary investigation was completed. The possibility of offering detainees at least one hour's outdoor exercise per day was to be examined as a matter of urgency. 2.     Pazardzhik Regional Investigation Service 38.     The CPT established that the Pazardzhik Regional Investigation Service had fifteen cells, situated in the basement, and at the time of the visit accommodated thirty detainees, including two women in a separate cell. 39.     Six cells measuring approximately twelve square metres were designed to accommodate two detainees; the other nine, intended for three occupants, measured some sixteen-and-a-half square metres. This occupancy rate was being complied with at the time of the visit and from the living space standpoint was deemed acceptable by the CPT. However, all the remaining shortcomings observed in the other Investigation Service detention facilities   – dirty and tattered bedding, no access to natural light, absence of activities, limited access to sanitary facilities, etc. – also applied there. Even the thirty-minute exercise rule, provided for in the internal regulations and actually posted on cell doors, was not observed. B.     Relevant findings of the 1999 report (made public in 2002) 40.     The CPT noted that new rules providing for better conditions had been enacted but had not yet resulted in significant improvements. 41.     In most investigation detention facilities visited in 1999, with the exception of a newly opened detention facility in Sofia, conditions of detention were generally the same as those observed during the CPT's 1995 visit, as regards poor hygiene, overcrowding, problematic access to toilet/shower facilities and a total absence of outdoor exercise and out ‑ of ‑ cell activities. In some places, the situation had even deteriorated. 42.     In the Plovdiv Regional Investigation detention facility, as well as in two other places, detainees “had to eat with their fingers, not having been provided with appropriate cutlery”. C.     Relevant findings of the 2002 report (made public in 2004) 43.     During the 2002 visit some improvements were noted in the country's investigation detention facilities, severely criticised in previous reports. However, a great deal remained to be done: most detainees continued to spend months on end locked up in overcrowded cells twenty-four hours a day. THE LAW I.     ALLEGED VIOLATIONS OF ARTICLE 5 OF THE CONVENTION 44.     The applicant made several complaints falling under Article 5 of the Convention, the relevant part of which provides: “1.     Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ... (c)     the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; ... 2.     Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him. 3.     Everyone arrested or detained in accordance with the provisions of paragraph   1   (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power... 4.     Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.” 45.     The Government did not submit observations on the admissibility and merits of the complaints. 46.     The applicant reiterated his complaints relating to his detention until at least 5 April 2000, the date of his last letter to the Court providing details of the said detention (see paragraph 16 above), and referred to their similarity to previous cases against Bulgaria. A.     Complaints under Article 5 § 1 of the Convention regarding the lawfulness of the applicant's detention 47.     The applicant complained under Article 5 § 1 of the Convention that he was unlawfully detained and argued that the evidence against him was not sufficient to lead to the conclusion that he was guilty of an offence. 48.     The Court notes that the applicant's detention fell within the ambit of Article 5 § 1 (c) of the Convention, as it was imposed for the purpose of bringing him before the competent legal authority on suspicion of having committed an offence. There is nothing to indicate that the formalities required by domestic law were not observed. 49.     As regards the alleged lack of reasonable suspicion, the Court reiterates that the standard imposed by Article 5 § 1 (c) of the Convention does not presuppose the existence of sufficient evidence to bring charges, or find guilt, at the time of arrest. Facts which raise a suspicion need not be of the same level as those necessary to bring a charge (see O'Hara v. the United Kingdom , no. 37555/97, § 36, ECHR 2001-X). 50.     In the present case, the Court considers that the authorities had sufficient information to ground a “reasonable” suspicion against the applicant as they had discovered an unspecified quantity of drugs and three stolen automobile registration documents in his apartment and the statements of several drug addicts (see paragraph 7 above). 51.     Consequently, the Court concludes that in respect of this complaint there is no appearance of a violation of Article 5 § 1 of the Convention. It follows that the complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention. B.     Complaint under Article 5 § 2 of the Convention 52.     The applicant complained under Article 5 § 2 of the Convention that he was not informed of the reasons for his detention on 29 December 1999. In particular, he claimed that the information provided was not specific enough and failed to identify the persons to whom he had allegedly sold drugs, when and what kind of permit he should have had allowing him to possess the drugs in question. 53.     The Court reiterates that Article 5 § 2 of the Convention contains the elementary safeguard that any person arrested should know why he is being deprived of his liberty. This provision is an integral part of the scheme of protection afforded by Article 5: by virtue of paragraph 2 any person arrested must be told, in simple, non-technical language that he can understand, the essential legal and factual grounds for his arrest, so as to be able, if he sees fit, to apply to a court to challenge its lawfulness in accordance with paragraph 4. Whilst this information must be conveyed “promptly”, it need not be related in its entirety by the arresting officer at the very moment of the arrest. Whether the content and promptness of the information conveyed were sufficient is to be assessed in each case according to its special features (see Fox, Campbell and Hartley v. the United Kingdom , judgment of 30 August 1990, Series A no. 182, p. 19, §   40 and H.B. v. Switzerland , no. 26899/95, §   47, 5 April 2001). 54.     In the present case, the Court observes that the applicant did not contend that he was not provided with any reasons for his arrest on 29   December 1999, but submitted that the information he received was not sufficiently precise. In particular, he claimed that the persons to whom he had allegedly sold drugs were not identified, that the time and date of the alleged transactions were not specified and also that it was not indicated what kind of permit he should have had which would have allowed him to possess the drugs in question. Thus, despite of the lack of the aforesaid information, it is evident that the applicant was made aware that he was being detained for possession of drugs with the intent to supply as a result of allegedly having sold drugs to certain individuals. Whether or not those individuals were identified by their names does not change the fact that the applicant was informed, in a language that he understood, of the essential legal and factual grounds for his detention, which would allow him to challenge its lawfulness. In fact, he filed an appeal against his detention on the very next day, 30 December 1999. 55.     In view of the above, the Court finds that the authorities did not fail to comply with the requirement under Article 5 § 2 of the Convention and informed the applicant upon his arrest on 29 December 1999 of the “essential legal and factual grounds for his arrest”. 56.     Consequently, the Court concludes that there is no appearance of a violation of Article 5 § 2 of the Convention. It follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article   35 §§   3 and 4 of the Convention. C.     Complaint under Article 5 § 3 of the Convention that the applicant was not brought promptly before a judge or other officer authorised by law to exercise judicial power 57.     The applicant complained under Article 5 § 3 of the Convention that when he was detained on remand he was not brought promptly before a judge or other officer authorised by law to exercise judicial power. 58.     In his submissions, the applicant also stated that neither the investigator who had decided to detain him, nor the prosecutor who had confirmed that decision could be deemed independent officers authorised by law to exercise judicial power and referred to the Court's findings in the cases of Assenov and Others (judgment of 28 October 1998, Reports 1998 ‑ VIII), Nikolova (cited above), Shishkov   v. Bulgaria (no. 38822/97, ECHR 2003 ‑ I (extracts)) and Nikolov v. Bulgaria (no. 38884/97, 30 January 2003). 1.     Admissibility 59.     The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible. 2.     Merits 60.     The Court reiterates that in previous judgments which concerned the system of detention pending trial, as it existed in Bulgaria until 1 January 2000, it found that neither investigators before whom the accused persons were brought, nor prosecutors who approved detention orders, could be considered as “officer[s] authorised by law to exercise judicial power” within the meaning of Article 5 § 3 of the Convention (see Assenov and Others , cited above, §§ 144-50; Nikolova , cited above, §§ 49-53, and Shishkov , cited above, §§ 52-54). 61.     The present case likewise concerns pre-trial detention imposed before 1 January 2000. The applicant's pre-trial detention was ordered by an investigator and confirmed by a prosecutor (see paragraph 9 above), in accordance with the provisions of the CCP then in force (see paragraph 20 above). However, neither the investigator nor the prosecutor was sufficiently independent and impartial for the purposes of Article 5 § 3 of the Convention, in view of the practical role they played in the investigation and the prosecution and the prosecutor's potential participation as a party to the criminal proceedings (see paragraph 20 above). The Court refers to the analysis of the relevant domestic law contained in its Nikolova judgment (cited above – see paragraphs 28, 29 and 49-53 of that judgment). 62.     It follows that there has been a violation of the applicant's right to be brought before a judge or other officer authorised by law to exercise judicial power within the meaning of Article 5 § 3 of the Convention. D.     Complaints under Article 5 § 4 of the Convention regarding the scope and speed of the judicial review of the lawfulness of the applicant's detention 63.     The applicant complained under Article 5 § 4 of the Convention that the domestic courts did not examine all factors relevant to the lawfulness of his detention. In addition, he contended that there had been a violation of the requirement for a speedy decision under Article 5 § 4 of the Convention. 1.     Scope of the judicial review of the lawfulness of the applicant's detention 64.     The Court reiterates that arrested or detained persons are entitled to a review bearing upon the procedural and substantive conditions which are essential for the lawfulness, in the sense of the Convention, of their deprivation of liberty. This means that the competent court has to examine not only compliance with the procedural requirements set out in domestic law, but also the reasonableness of the suspicion grounding the arrest and the legitimacy of the purpose pursued by the arrest and the ensuing detention (see Nikolova , cited above, § 58). 65.     In the present case, the Court finds that when examining the applicant's applications for release, the Pazardjik Regional Court and the Plovdiv Court of Appeals examined specific relevant facts and evidence which indicated that the applicant might abscond or re-offend. In particular, the courts found that the applicant's claim that he required medical supervision and treatment was unsubstantiated, that based on the evidence before them there was sufficient evidence that he may have committed the offence with which he had been charged and, taking into account his previous conviction and the existence of another three preliminary investigations against him, that he might abscond or re-offend (see paragraphs 14-15 above). Thus, the domestic courts provided judicial control over the applicant's detention on remand of the scope required by Article 5 § 4 of the Convention. 66.     Consequently, the Court concludes that in respect of this complaint there is no appearance of a violation of Article 5 § 4 of the Convention. It follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article   35 §§   3 and   4 of the Convention. 2.     Speed of the judicial review of the lawfulness of the applicant's detention 67.     The Court reiterates that Article 5 § 4 also guarantees the right to a speedy judicial decision concerning the lawfulness of detention (see Rutten   v. the Netherlands , no. 32605/96, § 52, 24 July 2001). 68.     In the present case, the Court notes that the applicant's appeal was sent by registered post on 30 December 1999. It is unclear when it was actually received by the competent authorities. However, on 5 January 2000 the Pazardzhik Regional Investigation Service forwarded the applicant's case file to the Pazardzhik Regional Court (see paragraph 13 above) and the latter examined the appeal on 7   January 2000, which was eight days after its was posted (see paragraph 14 above). 69.     The Court considers that in the present case the period of eight days, considering that the applicant's appeal was in transit through the postal network for an unknown number of days, does not appear excessive (see, a contrario , Kadem   v.   Malta , no.   55263/00, §§   43-45, 9   January 2003, where the Court found a period of seventeen days for examining an appeal against detention as being too long, and Rehbock   v. Slovenia , no. 29462/95, §§   82-86, ECHR 2000 ‑ XII, where two such periods of twenty-three days were considered excessive). 70.     Consequently, the Court concludes that in respect of this complaint there is no appearance of a violation of Article 5 § 4 of the Convention. It follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article   35 §§   3 and   4 of the Convention. II.     ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION 71.     The applicant complained under Article 3 of the Convention that he was subjected to inhuman or degrading treatment while being detained at the Pazardzhik Regional Investigation Service. In his initial application to the Court, the applicant made similar inferences in respect of the conditions of detention at the Pazardzhik Prison Article 3 of the Convention provides: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” 72.     The Government did not submit observations on the admissibility and merits of this complaint. 73.     The applicant reiterated his complaint in respect of the Pazardzhik Regional Investigation Service and contended that the conditions of detention in which he had been held were inadequate and amounted to inhuman and degrading treatment under Article   3 of the Convention. He did not sustain or substantiate any complaints in respect of the conditions of detention at the Pazardzhik Prison. A.     Admissibility 1.     Pazardzhik Regional Investigation Service 74.     Concerning the issue of exhaustion of domestic remedies, the Court notes at the outset that in its recent judgment in the case of Iovchev (cited above, §§ 138-48) the Courts examined a complaint under Article 13 in conjunction with Article 3 of the Convention. In that case, unlike in the present one, the applicant had brought an action against the State under the SRDA, which the Court considered, in principle, an effective remedy for a complaint under Article 3 about conditions of detention. It noted the following in paragraph 145 of its judgment in the above case: “In the light of the information before it, the Court considers that there is nothing to indicate that an action under the [SRDA] could not in principle provide a remedy in this respect. Section 1 thereof provides for compensation for any unlawful act or omission of the administrative authorities.” 75.     The Court in the above-cited case went on to find a violation of Article 13 in conjunction with Article 3 of the Convention due to the length and the established deficiencies in the proceedings specific to that case which led to the “the remedy under the SRDA [losing] much of its remedial efficacy” (see Iovchev , cited above, § 146). 76.     Returning to the specifics of the present case, the Court notes that the applicant did not initiate an action under the SRDA in respect of the conditions of detention at the Pazardzhik Regional Investigation Service. Accordingly, there is ground to consider that he has failed to exhaust the available domestic remedies. However, under Rule 55 of the Rules of Court, any plea of inadmissibility must be raised by the respondent Contracting Party in its written or oral observations on the admissibility of the application. Accordingly, the normal practice of the Convention organs has been, where a case has been communicated to the respondent Government, not to declare the application inadmissible for failure to exhaust domestic remedies, unless this matter has been raised by the Government in their observations (see Citizens of Louvain v. Belgium , no.   1994/63, Commission decision of 5   March 1964, Yearbook 7, p. 253, at p. 261; K. and T. v.   Finland [GC], no.   25702/94, §   145, ECHR 2001 ‑ VII; N.C. v. Italy [GC], no. 24952/94, §   44, ECHR 2002 ‑ X; and, Sejdovic v. Italy [GC], no. 56581/00, §§   40-41, ECHR 2006 ‑ ...). This same principle has been applied where, as in the present case, the respondent Government have not submitted any observations at all (see Ergi v. Turkey , no. 23818/94, Commission decision of 2 March 1995, Decisions and Reports 80, p. 157, at p. 160 and the judgment in the same case of 28 July 1998, Reports 1998 ‑ IV, p. 1771, §§   65-67). 77.     It follows that, despite the Court's recent finding that an action under the SRDA may be an effective remedy for a complaint under Article   3 about conditions of detention, the applicant's complaint in respect of the Pazardzhik Regional Investigation Service cannot be rejected by the Court on the ground that the domestic remedies have not been exhausted. 78.     It follows that the complaint in respect of the conditions of detention at the Pazardzhik Regional Investigation Service must therefore be declared admissible as it is not manifestly ill-founded within the meaning of Article   35 § 3 of the Convention and neither is it inadmissible on any other grounds. 2.     Pazardzhik Prison 79.     Concerning the conditions of detention at the Pazardzhik Prison, the Court observes that the applicant did not sustain or substantiate any complaints under Article 3 of the Convention (see paragraph 73 above). It follows that this part of the application is manifestly ill-founded and must be rejected in accordance with Article   35 §§   3 and   4 of the Convention. B.     Merits 1.     Establishment of the facts 80.     The Court reiterates that allegations of ill-treatment must be supported by appropriate evidence. In assessing evidence, the Court has generally applied the standard of proof “beyond reasonable doubt”. However, such proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000 ‑ VII and Fedotov v. Russia , no. 5140/02, § 59, 25 October 2005). 81.     The Court notes that the primary account of the conditions of the applicant's detention at the Pazardzhik Regional Investigation Service is that furnished by him (see paragraphs 18 above), which is partly corroborated by the findings of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (“CPT”) in its respective reports (see paragraphs 32-43 above). Moreover, the CPT's assessment of the conditions in the Pazardzhik Regional Investigation Service in 1995, its general findings in respect of the conditions in all Investigation Service detention facilities, the conclusion that these conditions could be described as inhuman and degrading and that they had not satisfactorily improved during its subsequent visits in 1999 and 2002 (see paragraphs 32-43 above) may also inform the Court's decision (see I.I.   v. Bulgaria , no.   44082/98, § 71, 9   June 2005). 82.     The Court observes that the applicant also provided signed declarations by two other detainees at the detention facility in question (see paragraphs 19 above), but in so far as those individuals have applications pending before the Court with identical complaints (see Alexov v. Bulgaria (dec.), no. 54578/00, 22   May 2006 and Dobrev v. Bulgaria , no. 55389/00), finds that their statements should not be considered objective and that they should not therefore be given any particular weight. 83.     The Court reiterates that Convention proceedings, such as the present application, do not in all cases lend themselves to a rigorous application of the principle affirmanti incumbit probatio (he who alleges something must prove that allegation) because in certain instances the respondent Government alone have access to information capable of corroborating or refuting these allegations. The failure on a Government's part to submit such information without a satisfactory explanation may give rise to the drawing of inferences as to the well-foundedness of the applicant's allegations (see Ahmet Özkan and Others v. Turkey , no.   21689/93, § 426, 6   April 2004 and Fedotov , cited above, § 61). 84.     In the present case, the Government did not submit observations on the applicant's complaint regarding the conditions of detention in the Pazardzhik Regional Investigation Service. In these circumstances the Court must examine the merits of the complaint on the basis of the applicant's submissions and the findings in the relevant reports of the CPT. 2.     General principles 85.     The Court reiterates at the outset that Article 3 of the Convention enshrines one of the most fundamental values of democratic society. It prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the circumstances and the victim's behaviour (see, as recent authorities, Van der Ven v. the Netherlands , no. 50901/99, §   46, ECHR 2003 ‑ II and Poltoratskiy v. Ukraine , no. 38812/97, § 130, ECHR 2003 ‑ V). 86.     To fall within the scope of Article 3, ill-treatment must attain a minimum level of severity. The assessment of this minimum is relative; it depends on all the circumstances of the case, such as the duration of the treatment, its physical and mental effects and, in some cases, the sex, age and state of health of the victim (see Van der Ven