CCPR/C/130/D/2820/2016
neutralize the resistance of the author. The author and the Plovdiv Regional Military
Prosecutor’s Office appealed that decision before the Military Court of Appeal.
2.7
On 10 January 2007, the Military Court of Appeal quashed the decision, found the
accused guilty of causing minor bodily harm to the author and imposed administrative fines
of 1,000 leva (approximately $604) on each of the accused. 6 It also ordered the payment of
compensation for moral damages to the author in the amount of 1,500 leva (approximately
$907).
2.8
The Prosecutor General, on the basis of article 422 (1) of the Code of Criminal
Procedure, requested the annulment of that decision before the Supreme Court of Cassation,
because the procedural rights of the defendants had been violated. The Prosecutor General’s
request was not sent to the author, and he was not summoned before the Supreme Court of
Cassation when his case was examined. 7 On 18 December 2007, the Court annulled the
decision of the Military Court of Appeal of 10 January 2007 in its entirety and referred the
case back to the same court for reconsideration by a different chamber.
2.9
On 17 January 2008, by its decision No. 3, the Military Court of Appeal upheld the
decision of the court of first instance, the Plovdiv Military Court, acquitted the accused and
rejected the author’s claim for compensation.8 The Court specified that the judgment was
final and not subject to appeal.
2.10 On 2 June 2008, the author lodged a complaint with the European Court of Human
Rights claiming a violation of articles 3, 6 (1) and 13 of the Convention for the Protection of
Human Rights and Fundamental Freedoms. On 10 July 2014, the Court informed him that
his application was inadmissible, given that it did not comply with the admissibility criteria
set out in articles 34 and 35 of the Convention.9 The author refers to the jurisprudence of the
Human Rights Committee, under which the Committee has accepted to examine the merits
of cases after a decision of inadmissibility by the European Court of Human Rights, if the
case was not examined on the merits.10
Complaint
3.1
The author claims to be a victim of violations of his rights under articles 7 and 14 (1),
read alone and in conjunction with article 2 (3) (a), of the Covenant.
3.2
The author claims that he was a victim of a violation of his rights under article 7 of
the Covenant, read alone and in conjunction with article 2 (3) (a). The author’s contusions
were clearly caused by the police officers. The severity and number of injuries, as well as the
intensity of the pain and suffering of the author, fall within the material scope of article 7 of
the Covenant. The police officers, without a clear legitimate reason, used disproportionate
physical force against him. The author also claims that the investigation into his allegations
of abuse by the police was not effective, in violation of international standards. 11
3.3
The author refers to the jurisprudence of the European Court of Human Rights in
Assenov and others v. Bulgaria to argue that, when a person alleges to have suffered illtreatment at the hands of the police, the procedural requirements of article 3 of the
Convention for the Protection of Human Rights and Fundamental Freedoms imply an
6
7
8
9
10
11
The author submitted with his complaint a summary in French of the Military Court of Appeal
decision dated 10 January 2007.
The author states that his participation in the proceedings before the Court was not noted in the
introduction of the decision. The author submitted with his complaint a summary in French of the
Supreme Court of Cassation decision dated 18 December 2007.
The author submitted with his complaint a summary in French of the Military Court of Appeal
decision dated 17 January 2008.
The author submitted with his complaint a transcript of the letter from the European Court of Human
Rights dated 10 July 2014.
Human Rights Committee, Achabal Puertas v. Spain (CCPR/C/107/D/1945/2010).
The author refers to the Committee’s general comment No. 20 (1992) on the prohibition of torture or
other cruel, inhuman or degrading treatment or punishment.
3