I.I. AND M.S. v. BULGARIA

Communicated on 20 May 2019
 
FIFTH SECTION
Application no. 77370/16
I.I. and M.S.
against Bulgaria
lodged on 7 December 2016
SUBJECT MATTER OF THE CASE
The application concerns the stress-induced sudden cardiac death on 17 September 2013 of a man suspected of illegal logging in the course of a police operation for his arrest.
It also concerns the ensuing criminal investigation into the circumstances of that death, which was first discontinued by the prosecuting authorities on 18 July 2014 (a decision quashed by the Lovech Regional Court on 5 August 2014), and then again discontinued by the prosecuting authorities on 1 April 2016 (a decision upheld by the Lovech Regional Court on 21 April 2016, and then by the Veliko Tarnovo Court of Appeal on 7 June 2016).
The application was lodged by the man’s daughter and sister.
It raises (i) an issue under Article 2 § 2 (b) of the Convention with regard to the necessity of the force used by the police during the course of the man’s arrest, and (ii) an issue under Article 2 of the Convention with regard to the effectiveness of the ensuing investigation.
QUESTIONS TO THE PARTIES
1.  Did the death of the applicants’ father and brother result from the use of force which was “no more than absolutely necessary” within in the meaning of Article 2 § 2 of the Convention (see, mutatis mutandis, Douglas-Williams v. the United Kingdom (dec.), no. 56413/00, 8 January 2002; Saoud v. France, no. 9375/02, §§ 88-104, 9 October 2007; Dimitrov and Others v. Bulgaria, no. 77938/11, §§ 125-51, 1 July 2014; and Boukrourou and Others v. France, no. 30059/15, §§ 59-62, 16 November 2017)?
 
2.  Was the investigation of the circumstances in which the applicants’ father and brother lost his life in line with the requirements flowing from Article 2 of the Convention?
 
The respondent Government are requested to submit a copy of (a) the file of the prosecuting authorities’ investigation into the death; (b) the files of the proceedings for judicial review of the discontinuance of the investigation; and (c) any other documents relating to the planning and carrying out of the police operation in the course of which the applicants’ father and brother lost his life.

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