26 February 2004

:: NEWS ::

Bulgaria convicted of violating right to life

The European Court held unanimously that the country violated article 2 (right to life) of the European Convention in connection with the deaths of privates Angelov and Petkov, and in connection with the failure to conduct an effective investigation

"A giant step forward", said Judge Bonello about the ruling

2003 news

2002 news

Additional information:

Full text of the judgment

ECHR website

Today, 26 February 2004 the European Court of Human Rights unanimously convicted Bulgaria in connection with the applications of Anelia Nachova, Aksiniya Hristova and Todorka and Rangel Rangelovi.

The case concerns the killing on 19 July 1996 of the applicants' relatives, privates Kuncho Angelov and Kiril Petkov, both aged 21, by a military policeman who was trying to arrest them.

For the first time in its history, the European Court of Human Rights ruled that there had been a violation of the procedural and substantive aspects of the guarantee against racial discrimination, contained in article 14 (prohibition of discrimination) of the ECHR in conjunction with article 2, which protects the right to life.

Judge Bonello from the ECHR said that the judgment was a "giant step forward".

Privates Angelov and Petkov were shot near the village of Lesura during at attempt to be apprehended after escaping from their army division. Both men died of chest wounds en route to hospital. The prosecutor's office declined to raise charges against the military police officer stating that he had fired a warning shot and that the two men were trying to escape.

The applicants allege that the use of lethal weapons against Angelov and Petkov and the refusal to bring the police officer who used lethal weapons to justice violated article 2 of the European Convention on Human Rights, guaranteeing right to life. They further allege that Bulgarian legislation, which allows the use of lethal weapons for the arrest of an individual and against individuals, which do not present a danger for the life or health of police officers or third parties, violates international law. They also claim that the practice of the Bulgarian law enforcement authorities regarding the use of lethal weapons violates article 2 of the Convention. In addition, the applicants allege that their Roma ethnic origin influenced the use of firearms and the subsequent criminal proceedings in violation of article 14 of the Convention.

Under Article 41 (just satisfaction) of the Convention, the Court awarded: jointly to Ms Nachova and Ms Hristova, 25,000 euros for pecuniary and non-pecuniary damage; jointly to Ms Rangelova and Mr Rangelov, EUR 22,000 for pecuniary and non-pecuniary damage.

For the full text of the judgment, click here.

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