PETROV AND IVANOVA v. BULGARIA - 45773/10 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)) French Text [2016] ECHR 321 (31 March 2016)

PETROV AND IVANOVA v. BULGARIA - 45773/10 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)) French Text [2016] ECHR 321 (31 March 2016)

Ivanova was subjected to degrading treatment during the police operation, violating Article 3. Statements by the Minister of the Interior about Petrov overstepped permissible communication and violated the presumption of innocence under Article 6 § 2. No violation of Article 8 was found due to lack of evidence....

Source-derived case information.

Citation
[2016] ECHR 321
Parties
Applicant: Anton Kirilov Petrov; Applicant: Krasimira Ilcheva Ivanova; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Application partly allowed, partly rejected
Legal Topics
Inhuman or Degrading Treatment, Presumption of Innocence, Right to Private Life, Right to an Effective Remedy
Human Rights Law Criminal Procedure Inhuman or Degrading Treatment Presumption of Innocence Right to Private Life Right to an Effective Remedy

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Parties

Anton Kirilov Petrov

Applicant

Krasimira Ilcheva Ivanova

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether the applicant Ivanova was subjected to inhuman or degrading treatment contrary to Article 3 ECHR
  2. 2 Whether the presumption of innocence under Article 6 § 2 ECHR was violated regarding statements by public officials about Petrov
  3. 3 Whether the applicants' right to respect for private life under Article 8 ECHR was violated by media coverage of the police operation

Ratio Decidendi

Ivanova was subjected to degrading treatment during the police operation, violating Article 3. Statements by the Minister of the Interior about Petrov overstepped permissible communication and violated the presumption of innocence under Article 6 § 2. No violation of Article 8 was found due to lack of evidence. There was no effective domestic remedy for the violations of Articles 3 and 6 § 2, breaching Article 13.

Court Disposition

Application partly allowed, partly rejected

Orders

  • State to pay 5,000 EUR to Anton Petrov for non-pecuniary damage
  • State to pay 10,000 EUR to Krasimira Ivanova for non-pecuniary damage