ZHELEV v. BULGARIA - 39143/06 - HEJUD (French text) [2013] ECHR 48 (15 January 2013)

ZHELEV v. BULGARIA - 39143/06 - HEJUD (French text) [2013] ECHR 48 (15 January 2013)

The duration of the criminal proceedings (ten years and eight months for three instances) was excessive and not justified by the complexity of the case or the applicant's conduct, with main delays attributable to the authorities. This violated Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2013] ECHR 48
Parties
Applicant: Atanas Georgiev Zhelev; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Full Hearing
Outcome
Violation found (Article 6 § 1 ECHR); other complaints inadmissible; no award of just satisfaction as none was claimed.
Legal Topics
Right to a Fair Trial, Reasonable Time Requirement, Excessive Length of Proceedings
Human Rights Law Criminal Procedure Right to a Fair Trial Reasonable Time Requirement Excessive Length of Proceedings

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Parties

Atanas Georgiev Zhelev

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Full Hearing

  1. 1 Whether the length of the criminal proceedings against the applicant violated Article 6 § 1 of the Convention
  2. 2 Whether other alleged violations (conviction without sufficient evidence, refusal to order further expert questions) were established

Ratio Decidendi

The duration of the criminal proceedings (ten years and eight months for three instances) was excessive and not justified by the complexity of the case or the applicant's conduct, with main delays attributable to the authorities. This violated Article 6 § 1 of the Convention.

Court Disposition

Violation found (Article 6 § 1 ECHR); other complaints inadmissible; no award of just satisfaction as none was claimed.

Orders

  • Rejects the Government's objection of non-exhaustion of domestic remedies.
  • Declares the complaint about excessive length of proceedings admissible and the remainder inadmissible.