Decision (Partial) of Court (Fifth Section), June 30, 2009 (case KASHAVELOV v. BULGARIA)

Judge:N\/A
Resolution Date:June 30, 2009
Issuing Organization:Court (Fifth Section)
SUMMARY

Partly inadmissible

 
FREE EXCERPT

FIFTH SECTION

PARTIAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 891/05by Ivo Stefanov KASHAVELOVagainst Bulgaria

The European Court of Human Rights (Fifth Section), sitting on 30 June 2009 as a Chamber composed of:

             Peer Lorenzen, President,              Rait Maruste,              Karel Jungwiert,              Renate Jaeger,              Isabelle Berro-Lefèvre,              Mirjana Lazarova Trajkovska,              Mark Villiger, judges,and Claudia Westerdiek, Section Registrar,

Having regard to the above application lodged on 7 December 2004,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Ivo Stefanov Kashavelov, is a Bulgarian national who was born in 1964 and is currently serving a sentence in the Sofia Prison.

  1. The circumstances of the case

    1. The criminal proceedings against the applicant

      The facts of the case, as submitted by the applicant, may be summarised as follows.

      On 5 August 1996 the applicant was arrested following an order for his detention in custody of 30 July 1996 on suspicion of having unlawfully deprived a certain A.D. of his liberty.

      On 6 August 1996 he was transferred to the detention centre of the National Investigation Office.

      The applicant alleges that on an unspecified date in August 1996 the authorities seized three cars of his and the amount of USD 79,129 without having the necessary documentation and grounds for the seizure.

      On 14 August 1996 the applicant was charged with unlawful deprivation of liberty.

      In September 1996 he was charged with the murder of three police officers on 3 May 1996.

      On 4 June 1997 the applicant was charged with at least 10 other offences.

      On 2 December 1997 he was transferred to the Sofia prison.

      On an unspecified date in 1998 the applicant’s case was brought to court but before scheduling a court hearing, in an order of 18 September 1998 the judge rapporteur remitted the case back to the prosecution authorities because of breaches of the procedure in presenting some of the charges and the evidence to the applicant.

      On 12 October 1998 the applicant was again presented with the charges and the order for his detention in custody was upheld.

      Subsequently, the applicant’s case was again brought to court on charges of 12 offences, including the murder of three police officers, several attempted murders, robberies, thefts, unlawful deprivation of liberty and unlawful possession of firearms. In an order of 29 December 1998 the judge rapporteur...

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