CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 2 septembre 2010

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BULGARIA   (Application no. 71420/01)               JUDGMENT     STRASBOURG   2 September 2010   FINAL   21/02/2011   This judgment has become final under Article 44 § 2 (c) of the Convention. It may be subject to editorial revision. In the case of Bekirski v. Bulgaria , The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:   Peer Lorenzen, President,   Renate Jaeger,   Karel Jungwiert,   Mark Villiger,   Mirjana Lazarova Trajkovska,   Ganna Yudkivska, judges,   Pavlina Panova, ad hoc judge, and Stephen Phillips, Deputy Section Registrar , Having deliberated in private on 6 July 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 71420/01) against the Republic of Bulgaria lodged on 26 March 2001 with the Court under Article   34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by three Bulgarian nationals, Mr   Petar Hristov Bekirski, Mrs Kate Dimitrova Bekirska and Mrs   Krasimira   Petrova Bekirska (“the applicants”) who were born in 1947, 1949 and 1975, respectively. The first two applicants live in Plovdiv, while the third resides in Canada. 2.     The applicants were represented by Ms I. Vandova, a lawyer practising in Sofia. 3.     The Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Pasheva, of the Ministry of Justice. 4.     The applicants alleged, in particular, that their relative, Mr   Hristo   Petrov Bekirski (“Mr Bekirski”), died as a result of complications caused by numerous injuries sustained at the hands of the police on 30   August 1996, from alleged ill-treatment thereafter and from the alleged lack of adequate medical care. The applicants also complained that the authorities had failed to conduct a prompt, effective and impartial investigation or bring charges against the perpetrators for the ill-treatment and subsequent death of Mr Bekirski. 5.     On 2 September 2005 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 of the Convention, it decided to examine the merits of the application at the same time as its admissibility. 6.     Mrs Kalaydjieva, the judge elected in respect of Bulgaria, withdrew from sitting in the case. On 30 January 2009 the Government appointed in her stead Mrs Pavlina Panova as an ad hoc judge (Article 27 § 2 of the Convention and Rule 29 § 1 of the Rules of Court as in force at the time). 7.     Meanwhile, on 11 July 2006 the applicants informed the Court that they would like to submit further observations at an oral hearing, if the Court were to require such observations before deciding on the admissibility of the application. However, the Court decides under Rule 54 § 3 of the Rules of Court, not to hold a hearing on the admissibility and merits of the above application. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 8.     Mr Petar Hristov Bekirski (“the first applicant”) and Mrs   Kate   Dimitrova Bekirska (“the second applicant”) are the parents of Mr   Bekirski, while Mrs Krasimira Petrova Bekirska (“the third applicant”) is his sister. Mr Bekirski was born in 1972 and was twenty-four years old at the time of the events. A.     The criminal proceedings against Mr Bekirski 9.     In May 1996 a criminal investigation was opened into the activities of the so-called Komatevska gang, of which Mr Bekirski and five other individuals, including the first applicant, were allegedly members. The investigation was carried out in connection with several murders and armed robberies. 10.     On 13 May 1996 Mr Bekirski was charged with premeditated murder (Article 115 of the Criminal Code of 1968) and placed in pre-trial detention. 11.     Mr Bekirski was held at the detention facility of the Plovdiv Regional Investigation Service (“the detention facility”) located on the sixth and seventh floors of a building it shared with the Plovdiv Fourth District Police Station. Accordingly, there were two sets of guards – one stationed on the sixth or seventh floor for the detention facility and another on the ground floor for the entire police station. In addition, a metal door barred access to the floors of the detention facility. 12.     Initially, Mr Bekirski was held in cell no. 5 on the seventh floor together with another detainee, whose help he tried to enlist in an attempted escape. As a result, on 7 August 1996 Mr Bekirski was moved and placed alone in cell no. 14 on the same floor. 13.     Meanwhile, on 9 July 1996 the first applicant had been detained in the course of the same criminal proceedings. He was also being held at the detention facility on 30 August 1996 when the events outlined below took place. B.     The events of 30 August 1996 14.     At around 7 p.m. on 30 August 1996, while the detainees were being served dinner, Mr Bekirski allegedly tried to escape. 15.     Using the sharpened handle of a wooden spoon as a makeshift weapon, Mr Bekirski attacked and apparently wounded two duty officers – first S.G. and then G.G. S.G. was injured and received several cuts in the area of his left eye while G.G. was stabbed in the left eye. The latter subsequently lost the sight in his left eye. Taking G.G. as a hostage and threatening to stab him in the neck with the makeshift weapon Mr Bekirski allegedly tried to leave the detention facility. 16.     Taking advantage of Mr Bekirski being briefly distracted, G.G. knocked the makeshift weapon out of Mr Bekirski's hand and moved away. A fight then ensued between Mr Bekirski and approximately three or four duty officers, among which were duty officers G.P., N.S. and B.Z. The duty officers kicked, punched and used a truncheon in the course of the encounter, which continued for five to ten minutes. During the fight, Mr   Bekirski and some or all of the duty officers fell down the stairs between the seventh and sixth floors. Eventually, Mr Bekirski was subdued and handcuffed. 17.     The first applicant maintains that he and the other detainees heard the screams and cries which accompanied the subduing of his son. Some of those witnesses later gave testimony before the investigators (see part D below). 1.     The first medical report on Mr Bekirski – no. 1220/96 18.     At around 9 p.m. on the same day Mr Bekirski was examined by doctor   I.D. who was head of the Department of Forensic Medicine at the Medical University of Plovdiv (“the University”). 19.     In medical report no. 1220/96 (“the first medical report”) he described the incident of that evening and Mr Bekirski's overall condition as follows: “[Mr Bekirski] injured two persons from the detention facility using a sharpened handle of a wooden spoon[.] A brawl ensued between him and officers from the detention facility [where] force was used to pacify [him]. During the scuffle they fell down a flight of stairs. [Mr Bekirski] indicates that he does not remember anything. ... [Mr Bekirski is] responsive, correctly answers the questions asked (name, address, age), but does not remember what happened to him. [He] does not make any specific complaints.” 20.     The injuries sustained by Mr Bekirski were described as follows: “Head – ... [next to the left eyelid there is] a 3 cm by 3 cm oval area with skin swelling and a blue-reddish coloured   bruise ... [on the forehead above the nose there is] a 3-cm-long wound [showing signs of] fresh bleeding ... [on the right side of the face there is] a 10 cm by 3 cm area with slight skin swelling and a reddish coloured bruise ... [below the left eyelid there is] a 4 cm by 2 cm reddish coloured bruise... in the right corner of the mouth ... there is a 4 cm by 4 cm area where there are numerous   ... 1-cm-long cuts ... Neck and chest – ... there is a 4 cm by 4 cm oval reddish coloured bruise ... a 4 cm by 3 cm reddish coloured bruise ... on the [upper left side of the] back [there is] a 30   cm by 25 cm oval bruise of [varying] colouration ... in the middle [of which there are] two dark red coloured strips [measuring] 8 cm by 3 cm ... on the [upper right side of the] back [there is] a 25 cm by 15 cm oval bruise also of [varying] colouration ... in the middle [of which there are] also two dark red coloured strips [measuring] 10 cm by 3 cm ... Abdomen – ... [on the right side there is] a 5 cm by 4 cm oval darker reddish coloured bruise ... [on the left side there is] a 12 cm by 8 cm blue-reddish coloured bruise ... [and under it] a 5 cm by 8 cm oval darker reddish coloured bruise ... Limbs – ... [on the right shoulder blade there is] a 10 cm by 6 cm oval red coloured bruise ... [on the right armpit there are] three 1.5 cm by 1.5 cm oval blue-reddish coloured bruises surrounded by a 5 cm by 5 cm lighter blue-reddish coloured area ...   [on the left armpit there are] two 1.5 cm by 1.5 cm oval blue-reddish coloured bruises surrounded by a 4 cm by 4 cm lighter blue-reddish coloured area ... a 12 cm by 8 cm darker red coloured bruise ... [and] a 6 cm by 6 cm oval blue-reddish coloured bruise ... [on the right armpit area there are three] oval blue-reddish coloured bruises [measuring]   ... 4 cm by 4 cm, 4 cm by 3 cm [and] 4 cm by 3 cm   ...   [and] a 6 cm by 1.5   cm abrasion ...   [on the right shoulder and armpit area there is] a 10 cm by 6 cm oval dark reddish coloured bruise   ...   [on the left shoulder and armpit area there is] a 10   cm by 8 cm oval blue-reddish coloured bruise ...   [on the left thigh there is] an 8 cm by 8   cm oval blue-reddish coloured bruise ...   a 12 cm by 12 cm light blue-reddish coloured bruise ...   in the middle [of which there are] two dark red coloured [strips measuring] 8 cm by 3 cm   ...   [and] an 8 cm by 8 cm oval blue-reddish coloured bruise ...   [on the right thigh there is] a 6 cm by 6 cm oval red coloured   bruise ...   [and] an 18   cm by 18 cm oval lighter blue-reddish coloured bruise ...   [below the right knee there is] a 5 cm by 5 cm oval blue-reddish coloured bruise ...   [on the right thigh there is] a 10 cm by 10 cm oval blue-reddish coloured bruise ...   a 6 cm by 8 cm oval blue-reddish coloured bruise   ...   [and] an 8 cm by 8 cm oval blue-reddish coloured bruise ...   [on the left thigh there is] a 6 cm by 8 cm oval blue-reddish coloured bruise ...” 21.     The first medical report concluded as follows: “During the examination of Mr Bekirski [I] discovered a cut on [his] forehead, numerous skin bruising in the area of his head, chest, stomach, arms and legs, a skin abrasion on the front part of [his] right armpit. These injuries were caused by a solid blunt object and it is possible that they were inflicted at the time indicated [by the investigators]. The affected deterioration of [his] health does not represent [grievous or moderate bodily harm under] the Criminal Code.” 22.     Mr Bekirski did not receive any immediate medical treatment for his injuries. 23.     The Government claimed that on an unspecified date two more criminal investigations were opened against Mr Bekirski for the attempted murder of an official and attempting to escape while in detention, but did not present documents in support of their assertions. 2.     The medical report on duty officer G.P. – no. 1221/96 24.     At 9.30 p.m. on 30 August 1996 doctor I.D. examined duty officer G.P. who complained that he had been punched and kicked while subduing a detainee. The report described, inter alia , the injuries sustained by the duty officer as follows: “Limbs – ... in the area of the right armpit ... there is a 4 cm by 4 cm oval reddish coloured bruise ... on the ... right thigh ... there is a 4 cm by 3 cm oval lighter blue ‑ reddish coloured bruise. 25.     The medical report on duty officer G.P. concluded as follows: “During the examination of [duty officer G.P.] an injury and a bruise were found ... in the area of the right armpit and right thigh. The injuries were caused by a solid blunt object and may have been caused in the manner described [by duty officer G.P.]. [The injuries] caused pain and suffering.” 3.     The medical report on duty officer N.S. – no. 1222/96 26.     At 10 p.m. on 30 August 1996 doctor I.D. also examined duty officer N.S. who complained that his right palm had been injured while subduing a detainee. The report described the injury sustained by the duty officer as follows: “Limbs – the area of the 5th bone of the right palm, mainly on the side, is painful to the touch in an area measuring 4 cm by 3 cm and minor swelling of the skin is visible.” 27.     The medical report on duty officer N.S. concluded as follows: “During the examination of [duty officer N.S.] a swollen injury was found in the area of the 5th bone of the right palm. This injury was caused by a solid blunt object and may have been caused in the manner described [by duty officer G.P.]. [The injury] caused pain and suffering.” C.     Alleged ill-treatment after 30 August 1996, Mr Bekirski's medical condition and death 28.     The applicants claimed that in the days following the events of 30   August 1996 Mr Bekirski was systematically ill-treated and beaten by police officers while in detention. That was challenged by the Government. The ill-treatment and beatings allegedly continued day and night for several days. The beatings were heard by both the first applicant and other detainees who later testified before the investigators (see part D below). 29.     Following complaints by Mr Bekirski that he was in pain, on 2 and 5   September 1996, while at the detention facility, he was examined by a paramedic. He was prescribed painkillers. 30.     Meanwhile, on 4 September 1996 a prosecutor from the Plovdiv regional public prosecutor's office visited the detention facility in order to check whether the police were diligently investigating the criminal cases of the detainees being held there. In the course of his visit the prosecutor talked to several detainees and noted their complaints in connection with the processing of their cases. One of the detainees he talked to was Mr Bekirski who told him that he had no complaints, that he did not know why he was being held and that he was innocent. In connection with his visit, the prosecutor prepared a report dated 6   September 1996. 31.     On 6 September 1996 Mr Bekirski complained of pain in his abdomen. He was found to have irregular blood pressure, so he was taken to the First Regional Hospital. The persons that accompanied him there informed the medical personnel that Mr Bekirski had suffered injuries (bruises and abrasions) after having attacked a policeman. 32.     It was suspected that Mr Bekirski had a burst spleen or internal bleeding, so a stomach operation and a tracheotomy were performed on the same day. However, having opened his abdominal cavity, the surgeons could not find any lacerations of internal organs or haemorrhaging. 33.     Thereafter, Mr Bekirski's medical condition continued to be unstable and he remained in hospital. Over the next day and a half he was kept under medical supervision, was visited by medical personnel on several occasions and was prescribed various medication and treatment. 34.     In the evening of 7 September 1996 his medical condition deteriorated. In spite of changes to his medication and the involvement of a specialist doctor, Mr Bekirski passed away at 7:20 a.m. on 8   September 1996. 35.     The applicants claimed that neither they nor Mr Bekirski's lawyer had been informed of Mr Bekirski's deteriorating medical condition in the period between 30 August and 8 September 1996. That was not expressly challenged by the Government. The applicants also claimed to have learnt of Mr Bekirski's death from the media and to have not received his body for almost a month. Autopsy report no. 364/96 36.     An autopsy was carried out on 9 September 1996 with the task of determining the cause of Mr Bekirski's death and identifying what injuries he had sustained prior to his death, including how and when they had been inflicted. The team carrying out the autopsy was lead by doctor I.D. who was assisted by two assistant professors from the University. 37.     The autopsy report described in detail the state of Mr Bekirski's body and the examinations and tests carried out. In respect of the injuries established it described its findings, inter alia , as follows: “Head – ... 3 cm above the base of the nose ... there is a 3 cm vertical wound covered by a dry, brownish scab ... There is a 3 cm by 3 cm oval blue-reddish coloured bruise on the skin of the front part of the right earlobe. The skin on the whole right earlobe is bruised ... The skin behind the right earlobe is bruised in a 5 cm by 3   cm area which connects with the bruising of the skin on the right earlobe. ... Neck and chest – ...   There is a 40 cm by 26 cm bruise on the skin of the [upper left side of the] back ... the bruise is patchy ... [and there are areas] with more intense linear-shaped bruising ... measuring 10 cm by 3 cm. There is a 38 cm by 25 cm bruise on the skin of the [upper right side of the] back ... This bruise is also patchy ... In the area of the [upper left side of the] back, where there is more intensive bruising, ... there is no epidermis in some places in an area measuring approximately 10 cm by 3   cm [and] there is red-coloured dermis, [which is] wet, fresh [and not] covered by a scab ... Around the two ... armpits there are 30 cm by 20 cm bruises ... on the right and 25 cm by 20 cm bruises on the left ... On the skin on the right side of the chest ... there is a 25 cm by 25 cm bruise ... Abdomen – ...   above the umbilicus there is a stitched, vertical surgical scar measuring 18 cm ... On the left side, above the hip joint, there is a bruise ... measuring 48 cm by 25 cm which is patchy because there are [three] areas of more intense bruising and colouring [as follows] – in the vicinity of the hip measuring 8 cm by 8   cm, towards the stomach lining measuring 12 cm by 10 cm and [another] below it extending towards the genitals measuring 12 cm by 10 cm ... On the right hip there is a bruise measuring 8 cm by 6 cm ... From it starts [another bruise] to the side of the buttocks ... measuring 12 cm by 8 cm ... Limbs –   ... The skin on both buttocks is bruised and patchy ... because there are areas of more intense bruising and colouring. On the left buttock, there are [two such] areas, one measuring 14 cm by 10 cm ... and the other measuring ... 8 cm by 5 cm ... On the right buttock, ... there is [another such] area measuring 13 cm by 6 cm, which is also patchy ... On the skin of the right side of the genitals, there is a bruise measuring 8 cm by 6 cm ... The right thigh is almost completely bruised and patchy [because] there are areas of more intense bruising and colouring ... on the front and upper outside area measuring 15 cm by 8 cm, on the inner upper area measuring 14   cm by 5 cm, on the back towards the side measuring 15 cm by 10 cm ... and on the back lower area towards the right knee joint measuring 15 cm by 5 cm. On the inner side of the right knee joint there is a bruise ... measuring 8 cm by 4 cm. Behind the right knee joint there is a more intensely-coloured bruise ... measuring 8 cm by 8 cm. On the inner part of the upper to middle part of the right shank there is a bruise ... measuring 8 cm by 7 cm ... the bruising of the right heel is without visible swelling ... The skin on the left thigh is bruised [as follows]: in the upper front and side area measuring 16 cm by 7 cm, in the inner upper to middle area measuring 12 cm by 6 ‑ 8   cm, in the area behind the left knee joint ... measuring 8 cm by 8 cm ... On the skin below the left knee joint there is a bruise ... measuring 7 cm by 3 cm. On the inner middle area of the shank there is a bruise measuring 8 cm by 6 cm ... The skin in the area of the ankle joint, on the back of the left heel [and] up to the toes, has a blue-reddish coloured bruise without visible swelling of the skin on the heel. On the frontal area of the right armpit, from the front part of the right shoulder blade leading down to the lower third of the armpit, there is a wavy bruise measuring 23 cm by 7 cm ... On the back and inner area of the right armpit, as well as in the area of the right elbow and the upper back part of the right forearm there is a bruise measuring in total 33 cm by 10 cm ... on the middle back part of the right forearm there is a bruise measuring 10 cm by 7 cm in the middle of which there is a vertical abrasion measuring 6 cm by 1.5 cm covered by a yellow-brownish dry scab ... In the area of the right wrist joint there are three aligned abrasions one above the other measuring 3 cm by 0.5 cm, 4 cm by 0.5 cm and 3 cm by 1.5 cm covered by a yellow-brownish scab ... The skin on the back of the right hand is swollen without visible trauma ... The skin in the area of the left armpit is bruised almost everywhere – the inner, back and side areas ... On the front and inner-side area of the middle left forearm, there is a bruise ... measuring 17   cm by 9 cm. In the area of the left wrist joint there are two aligned abrasions measuring 1 cm by 0.5 cm and 5 cm by 0.5 cm covered by a yellow-brownish scab. The skin on the back of the left hand is visibly swollen. In the area of the right elbow joint there is an oval abrasion measuring 2 cm by 2 cm covered by a yellow-brownish scab. On the upper to middle front part of the right thigh there is an oval abrasion measuring 1 cm by 1 cm covered by a yellow-brownish scab. On the upper front part of the left thigh there are two oval abrasions next to each other, each measuring 2 cm by 0.5 cm [and] covered by a yellow-brownish scab. Incisions were made in the area of the chest, buttocks, and upper and lower limbs in order to examine the underlying soft tissue. In the area of the back, very intense and widespread bruising of the underlying soft tissue was found and deep bruising of the muscles in the area of both shoulder blades was found. The right shoulder blade is fractured in the main part of the scapula and its narrow section. The fracture is 'Y ‑ shaped', whereby the two upper sections are each 5 cm long, the [lower] is 3 cm long and there is an adjacent fracture perpendicular to the [lower] section, which is 2.5   cm long. The muscles in the area of the fracture of the right shoulder blade are bruised ... The tissue in the area of both ankle joints and the upper part of the heels are also bruised, but there is no visible swelling to the soft tissue ... ... On the right side, the following ribs are fractured: 6th, 7th, 8th and 10th in their middle [sections] ... while rib 6 is [also] fractured where it is attached to the sternum...   ” 38.     The autopsy report summarised its findings, inter alia , as follows: “... numerous skin bruising in the area of the head, chest, abdomen, upper and lower limbs, a skin wound on the forehead, abrasions to the skin on the limbs, four fractured ribs on the right [side], a fracture of the right shoulder blade, contusions in the muscles around the area where the skin had been bruised, a fairly distinct fatty embolism in the lungs, [sporadic] drops of fat in the brain and kidney, severe [and] acute swelling in the lungs, swelling and enlargement of the interalveolar barriers, infectious alterations of the lungs – bronchitis, bronchiolitis, bronchopneumonia   ...   a haemorrhage of the alveolus   ...   inflammation of the pleura of the lungs, swelling of the brain...” 39.     The autopsy report concluded that: “The immediate cause of [Mr Bekirski's] death was acute cardiac and pulmonary insufficiency resulting from massive swelling and infectious alterations of the lungs. The death was also caused by hypoxia (oxygen deficiency) of the body from acute anaemia, was caused by internal bleeding in the soft tissues – under the skin and in the muscles, as well as the morphological changes of the lungs, which most probably resulted in acute pulmonary insufficiency. The above-described changes are the result of injuries which are present on [Mr Bekirski's] body – a chest injury with fractured ribs, a fractured right shoulder blade, a contusion of the chest muscles, as well as bruising of the soft tissues in other parts of his body. Death was caused by varying, fairly complex and interrelated infectious processes and mechanisms which, in order to be clarified, require further data, testimonies of witnesses, data from [Mr Bekirski's medical] examinations, the history of his illness and other data. Generally, the injuries were caused by a solid blunt object. The injuries, relating to the skin bruising and the soft tissue under it, as well as the infectious alterations to the lungs are   ...   five to seven days [old].” D.     The investigation into the death of Mr Bekirski 40.     A preliminary investigation into Mr Bekirski's death was opened on 8   September 1996 against an unknown perpetrator. The investigation was assigned to the Plovdiv Regional Investigation Service which was the authority in charge of the facility in which Mr Bekirski had been detained and where the events of 30 August 1996 had taken place. 41.     In a letter of 11 September 1996 the second applicant complained to the Plovdiv regional military prosecutor's office that the preliminary investigation had been assigned to the Plovdiv Regional Investigation Service, because of the possible involvement of police officers from that division in the death of her son. No apparent action was taken in response. 1.     The medical report on the duty officers – no. 262/96 42.     On an unspecified date in September 1996 a medical report was commissioned to ascertain the injuries sustained by duty officers S.G. and G.G. and whether the weapon used could have been life-threatening. 43.     Medical report no. 262/96 (“the duty officers' medical report”) was prepared by doctor I.D. sometime in September 1996 on the basis of the existing documentary evidence. 44.     In respect of the events of 30 August 1996, the duty officers' medical report contained the following extracts of statements given by various duty officers in the course of the preliminary investigation: “[duty officer] S.G.   (victim) [-]   '...   at around 7 p.m. ... all of a sudden something hit me in the left eye ... I could not see from the blood ... that's why I ran [down] the stairs to the 6th floor where the duty officers' room was ... on the upper floor [Mr]   Bekirski was shouting to my colleagues not to go up and to throw down their guns ... I heard screams and the noise of falling bodies and when I came out onto the landing, several colleagues were wrestling with [Mr] Bekirski until they finally handcuffed him ...' [duty officer] G.G.   (victim) [-]   '...   at around 7 p.m. ... [S.G.] shouted out ... I went over and saw that [Mr] Bekirski had attacked him. At that moment [Mr] Bekirski turned towards me ... he lunged forward ... I felt that he hit me with something sharp in the left eye, which hurt and started to bleed and he began wrestling with me ... I resisted ... then I saw that in his right hand he held a wooden spoon. The forward part of the spoon was in his palm and the handle was protruding forward between his fingers so that he could jab [with it]. I then understood that he had stabbed me in the eye with the wooden spoon ... I managed to grab his hand and, using force, I twisted his right wrist, he opened his fingers and, when I prised the spoon away with the other hand, I threw it down the stairs towards the 6th floor ... Only then did I manage to push him away ... because I pushed him away from me, he fell down the stairs towards the 6th floor ... he could have killed me because the handle of the spoon had been sharpened ...' [duty officer] G.P.   [-]   '...   at around 7 p.m. I heard shouting on the 7th floor landing... Hristo [Bekirski] was behind [G.G.], holding him by the throat with his left hand. In his right hand he was holding a wooden spoon with the handle pointing towards [G.G.'s] neck ... he was pointing the handle of the wooden spoon towards [G.G.'s] eye and then towards his neck ... he started fighting us and all three of us fell down the stairs, where, with N.S., we tried to twist his hands so as to handcuff him ... Downstairs on the 6th floor [B.Z.] joined in and only with his help did we manage to twist Hristo [Bekirski]'s hands towards his back and [B.Z.] handcuffed him ...' [duty officer] B.Z.   [-]   '...   in the corridor on the 7th floor [G.G.] and Hristo Bekirski were brawling. ... Hristo [Bekirski] was behind [G.G.] and was holding him by the throat with his left hand while, in his right hand, he was holding a wooden spoon ... with the handle pointing first towards [G.G.'s] neck and then towards one of his eyes ... at that moment G.P.   and N.S. ... grabbed hold of him, all three of them tumbled down the stairs while continuing to wrestle ... I joined in and pinned Hristo [Bekirski] down on the concrete floor and managed to handcuff him behind his back, and that's how we overcame his resistance ...'” 45.     In respect of the physical condition of the duty officers, the report noted that duty officer S.G. had almost completely recovered from his injury and concluded as follows: “[Duty officer] S.G. was injured [in the area] of the orbit of his left eye [where there is] a cut to the skin of the upper eyelid [and] bruising and swelling to the skin of the eyelids of his left eye. The injury, and in particular the cut, was caused by a blunt solid object with a discernible edge ... The affected deterioration of [his] health does not represent [grievous or moderate bodily harm under] the Criminal Code.” 46.     The report also noted that duty officer G.G. had undergone an operation and subsequent treatment for the injury he had sustained to his left eye. In respect of his condition it concluded as follows: “[Duty officer] G.G. sustained a cut to the skin of the lower eyelid of his left eye, a bruise to the skin of the eyelids of his left eye, a cut and damage to the orbit of his left eye and complete loss of sight in his left eye. These injuries were caused by a blunt solid object with a discernible edge (tip) and it is possible that they were caused by the wooden spoon, which was produced in evidence, whereby the wound [would have been] inflicted by jabbing the sharpened part (tip) of the handle into G.G.'s eye. The damage to the orbit of his left eye caused permanent loss of sight in [that] eye.” 47.     Finally, the duty officers' medical report noted that the handle of the wooden spoon used by Mr Bekirski had been sharpened to a fine point thereby allowing it to be used as a stabbing weapon. It concluded that, given the physical strength of Mr Bekirski and the way he had threatened duty officer G.G. by pointing the sharpened handle towards his neck, and given that there were a number of major veins and arteries in that area of the body, the weapon could have been life-threatening. 2.     The second medical report on Mr Bekirski – no. 92/97 48.     On an unspecified date the Plovdiv Regional Investigation Service commissioned another medical report. Its task was to ascertain the cause of Mr   Bekirski's death and its causal relationship with the injuries he had sustained on 30 August 1996. 49.     Medical report no. 92/97 (“the second medical report”) was prepared on an unspecified date by a team of five doctors on the basis of the existing documentary evidence. The team was again headed by doctor I.D. and the other doctors all worked at the University. 50.     The team reached similar conclusions to those in the autopsy report in respect of the cause of death and that it may have resulted from the injuries sustained on 30 August 1996. 51.     In respect of the events of that day, the second medical report contained the following extracts of statements given by witnesses in the course of the preliminary investigation: “[duty officer] B.Z.   [-]   '...   the fight on the landing of the seventh floor edged towards the stairs leading to the [said] floor as a consequence of [Mr] Bekirski's great [sturdiness] ... this fight involved many people and I cannot say who hit [Mr]   Bekirski and where   ...   Mr Bekirski and those trying to restrain him were hitting [each others'] hands, legs, knees, anywhere we could so that [Mr] Bekirski himself   ...   [was] shoved against the walls, the stairs, the central heating pipes, the frame of the security fence   ...   my colleague, [N.]S., was also hitting [him] with a truncheon   ...   I think this continued for 5 to 10 minutes   ...   In the end, after all the stumbling [and] hitting, we managed to pin [Mr]   Bekirski down ...' [duty officer] G.P.   [-]   '...   he started fighting with us using karate [techniques]   ...   In order to restrain him, we hit and kicked him and, in the case of [our] colleague, [N.]S., with the use of a truncheon, but [Mr] Bekirski continued to resist with the same ferocity. The fight continued down the stairs, whereby [Mr] Bekirski fell several times   ...   he hit his back against some piping   ...   We managed to push him to the ground several times and [during that time] we continued to kick him, knee him [and] hit him with a truncheon, but he [still] managed to get up and fight   ...   Every one of us hit him across every part of [his] body and maybe his head with everything we could – legs, knees, by shoving him and in other ways ...' [duty officer] N.S.   [-]   '...   He was very aggressive and ferocious   ...   The fight continued down the stairs towards the [security guard's] duty room. We hit him with whatever we had available – hands, legs [and] a truncheon. We fell several times and got up and tried to subdue him   ...   he was very agile and offered resistance   ...   When [Mr]   Bekirski tumbled down the stairs towards the exit we tried to catch up with him in order to subdue him ...'” 3.     The first discontinuation of the preliminary investigation 52.     On 16 June 1997 the case file was transferred to the Plovdiv regional military prosecutor's office. 53.     By a decision given on an unknown date between 16 and 19 June 1997 the Plovdiv regional military prosecutor's office discontinued the preliminary investigation. Although it considered Mr Bekirski's death to have been caused by negligence, it found it not to be a prosecutable offence because it had resulted from the police officers acting in self-defence on 30   August 1996. 54.     On 24 June 1997 the second applicant appealed against the decision to discontinue the preliminary investigation. She claimed that the force used against her son on 30 August 1996 had been excessive and objected to the fact that all the medical reports had been prepared with the participation of doctor I.D. 55.     On 23 September 1997 a prosecutor from the military prosecutor's office found evidence that Mr Bekirski had been subjected to systematic beatings on more than one occasion after the events of 30 August 1996. He therefore quashed the decision of 19 June 1997 to discontinue the preliminary investigation and remitted the case to the Plovdiv regional military prosecutor's office. 56.     In the course of the resumed investigation, ninety-three witnesses were questioned. Twenty of them were duty officers at the detention facility while the remaining seventy-three were detainees who had been held there between 30 August and 10 September 1996. 57.     On 13 April 1998 the Plovdiv regional military prosecutor's office stayed the preliminary investigation because of the need to find and question several more witnesses who were considered vital to the investigation. 58.     The preliminary investigation was resumed on an unknown date. 4.     The third medical report on Mr Bekirski – no. 151/99 59.     On an unspecified date, in the course of the resumed investigation, the Plovdiv regional military prosecutor's office commissioned another medical report tasked to ascertain (a) the cause of Mr Bekirski's death, (b)   the cause of his injuries, (c) whether the injuries established during the autopsy and the other medical examinations had existed on 4 and 6   September 1996 and (d) when those injuries had been inflicted. 60.     Medical report no. 151/99 (“the third medical report”) was prepared on an unspecified date by a team of five doctors on the basis of the existing documentary evidence. The team was again headed by doctor I.D. and the remaining doctors all worked at the University. 61.     In respect of the events of 30 August 1996, the report contained extracts from more than seventy witness statements obtained in the course of the preliminary investigation from detainees at the detention facility, which provided a contradictory account of the said events: “[the first applicant -] '... it was on 30   August 1996 around 6 p.m. ... after 8 p.m. I heard the cries of my son. [I] recognised his voice ... Blunt blows could be heard and the cries of my son ... The cries and howls of my son, as well as the blows continued until 10 p.m. on 30 August 1996 ... This continued probably until 1 or 2 a.m. on 31   August 1996 ... on 31 August 1996 the new shift came and they started beating my son ... On 1 September 1996 the beating of my son continued in absolutely the same manner ... on 2 September 1996 ... around lunch and dinner [time] I could hear the cries of my son, which were now inhuman-like and resembled a [dying] man ... at around lunch time and in the evening I could hear the cries of my son ...' ... [detainee S.D. -] '... I only heard that. [I] did not hear anything after that. I did not hear cries or beatings during the following days ...' [detainee T.D.   -]   '...   for 2-3 days after that, muted cries could be heard from somewhere down there. I did not hear any beating ...' [detainee P.Z. -] '... several days after the incident ... patter could be heard ...' [detainee B.V. -] '... I did not hear of any violence having been inflicted on Hristo   Bikirski ...' [detainee V.V. -] '... after that everything quietened down ... then I heard the cries of the attacker ... I do not remember hearing the sound of beating ...' ... [detainee A.T.   -]   '...   maybe after an hour the sound of blows and cries could be heard   ...   this continued for around four days ...' [detainee N.Sa.   -]   '...   maybe after less than half an hour screams started to be heard   ...   I assumed that they were beating [Mr] Bekirski because he was screaming very loudly and I could also hear blows from a police truncheon ...' [detainee A.I.   -]   '...   the person in the cell was beaten continuously for several days   ...   five or six days after the incident everything quietened down ...' ... [detainee S.A.   -]   '...   these cries continued throughout the whole night [and I] could hear the sound of beating   ...   these sounds continued for around a day   ...   after that I did not hear cries or the sounds of fighting ...' [detainee A.G. -] '... after the incident I did not hear any more cries or the sound of beating ...' [detainee I.R. -] '... I think this continued for around two hours ... the cries were coming form downstairs ...' [detainee V.Ya. -] '... while I was in detention I did not hear anyone getting beaten   ...' ... [detainee S.V.   -]   '... the transfer was made maybe half an hour after the commotion occurred. After the transfer [on Friday evening, 30 August 1996,] until Monday morning, [2 September 1996] muted cries, which I think emanated from the sixth floor, could be heard at regular intervals   ...   on Monday, 2 September 1996, everything quietened down ...' [detainee A.A.   -]   '...   after that, during the night and also for several days – I cannot say how many – cries, screams and beatings could be heard   ...   after five or six days everything quietened down ... I have no idea what had been going on ...' ... [detainee Z.M. -] '... after that the situation calmed down ... I do not know what happened ... personally, I did not hear any cries or sounds that were unusual for the [detention facility] ...' [detainee Ya.H. -] '... I did not hear anything after that. The situation in the [detention facility] was normal ...' [detainee N.H.   -]   '...   beatings and cries could be heard   ...   this continued for a while   ... This was repeated   with the arrival of the new shift ...' [detainee S.S.   -]   '...