POPOVI v. BULGARIA - 39651/11 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)) French Text [2016] ECHR 501 (09 June 2016)

POPOVI v. BULGARIA - 39651/11 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)) French Text [2016] ECHR 501 (09 June 2016)

The Court found that the applicant was subjected to degrading treatment during arrest due to disproportionate use of force by police, and that the subsequent investigation was not effective or prompt, violating Article 3 ECHR. The Court held that public statements by the Minister of the Interior violated the...

Source-derived case information.

Citation
[2016] ECHR 501
Parties
Applicant: Tencho Nikolov Popov; Applicant: Antonia Vasileva Popova; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Application partly allowed, violations found of Articles 3 (substantive and procedural), 6 §2, and 8 ECHR; no violation found of Article 1 Protocol 1.
Legal Topics
Prohibition of Inhuman or Degrading Treatment, Right to Effective Investigation, Presumption of Innocence, Right to Respect for Private and Family Life, Protection of Property, Remedies for Human Rights Violations
Human Rights Law Criminal Law Constitutional Law Prohibition of Inhuman or Degrading Treatment Right to Effective Investigation Presumption of Innocence Right to Respect for Private and Family Life Protection of Property +1 more

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Parties

Tencho Nikolov Popov

Applicant

Antonia Vasileva Popova

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the applicant was subjected to inhuman or degrading treatment during arrest (Article 3 ECHR)
  2. 2 Whether there was an effective investigation into the alleged ill-treatment (Article 3 ECHR)
  3. 3 Whether public statements by officials violated the presumption of innocence (Article 6 §2 ECHR)

Ratio Decidendi

The Court found that the applicant was subjected to degrading treatment during arrest due to disproportionate use of force by police, and that the subsequent investigation was not effective or prompt, violating Article 3 ECHR. The Court held that public statements by the Minister of the Interior violated the presumption of innocence under Article 6 §2 ECHR. The filming and media dissemination of the arrest, as well as the search and seizure at the notary office, were not 'in accordance with the law' and thus violated Article 8 ECHR. The freezing of assets was found to have available remedies, and the applicants had not exhausted them, so no violation was found under Article 1 Protocol 1...

Court Disposition

Application partly allowed, violations found of Articles 3 (substantive and procedural), 6 §2, and 8 ECHR; no violation found of Article 1 Protocol 1.

Orders

  • Bulgaria to pay just satisfaction to applicants for non-pecuniary damage and costs.
  • No further action required regarding Article 1 Protocol 1 due to non-exhaustion of domestic remedies.