Bulgaria convicted for violating right to liberty and security

2002 news

On 9 January 2003, in the case of Shishkov v. Bulgaria, Bulgaria was convicted for violating Article 5 §§ 3 and 4 of the European Convention for Human Rights.

The application was filed by Krassimir Shishkov, who was arrested on 22 August 1997 on suspicion of having stolen gold jewellery and money. On 23 August 1997 he was brought before an assistant investigator who charged him and decided that he should be remanded in custody.

The applicant admitted the theft and most of the valuables were recovered by the police.

The applicant unsuccessfully appealed against his detention on two occasions and was finally released on bail in April 1998.

He alleged, among other things, that when arrested he was not brought before a judge or other officer authorised by law to exercise judicial power, that he was deprived of his liberty without justification and for an unreasonably lengthy period, and that his right to bring judicial proceedings concerning the lawfulness of his detention was violated in several respects.

The Court held unanimously that there had been a violation of Article 5 § 3 of the Convention in that upon his arrest the applicant was not brought before a judge or other officer exercising judicial power and in respect of the length and lack of justification for his detention pending trial. It further held that there had been a violation of Article 5 § 4 in that the applicant’s lawyer was refused access to the case file and in respect of the rejection of the applicant’s first appeal against detention. It awarded the applicant EUR 1,500 for non-pecuniary damage and EUR 2,000 for costs and expenses.

To see the text of the judgment click here.

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