CAT/C/41/D/257/2004
Page 2
ANNEX
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING
TREATMENT OR PUNISHMENT
Forty-first session
Concerning
Communication No. 257/2004
Submitted by:
Mr. Kostadin Nikolov Keremedchiev (not
represented by counsel)
Alleged victim:
The complainant
State party:
Bulgaria
Date of complaint:
28 September 2004 (initial submission)
The Committee against Torture, established under Article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 11 November 2008,
Having concluded its consideration of complaint No. 257/2004, submitted to the
Committee against Torture by Mr. Kostadin Nikolov Keremedchiev under article 22 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant,
Adopts the following decision under article 22, paragraph 7, of the Convention against
Torture.
1.
The complainant is Mr. Kostadin Nikolov Keremedchiev, a Bulgarian national, born in
1973. He claims to be a victim of violations by Bulgaria of article 1, paragraph 1; article 10;
article 11; article 12; and article 16 of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment. He is unrepresented.
The facts as presented by the complainant
2.1 In the Winter of 2003, the complainant worked in the “Hizhata” restaurant, located on
Snezhanka Peak, in the ski resort of Pamporovo, Bulgaria. On the evening of 3 February 2003,
he went to a bar in Pamporovo with some friends. On the way home at around 6am the next
morning, he decided to wait in the lobby of the Hotel “Murgavets”, for the first chair lift at
8.00am to return to his residence at Snezhanka Peak. He fell asleep in the hotel lobby and was