Yordanov v Bulgaria (App no 56856/00) ECHR 10 August 2006

Date: 10 August 2006

The applicant, Nickolay Dobromirov Yordanov, is a Bulgarian national who was born in 1969. Mr Yordanov lives in Pazardjik (Bulgaria). Mr Yordanov’s apartment was searched on 29 December 1999 following information given to the police by several drug addicts. The police seized various items including drugs. The applicant was not present at the search. Two witnesses were present but neither of them were the residence’s manager or representative of the municipality, as required by Bulgarian law when the occupant of the premises was absent. 

The applicant was arrested the day the searches were carried out. The applicant was remanded in custody upon a decision of an investigator and approved by the Prosecutor’s Office. He appealed against their detention without success.

 Mr Yordanov was detained for approximately three months, at Pazardzhik Regional Investigation Service. He described his cell there as being small, overcrowded and below street level with no natural light or fresh air. He claimed the cells were often plagued with rodents and cockroaches. He alleged that a bucket was provided for his sanitary needs and that there was no hot water, soap or other toiletries. He further maintained that he was not permitted any exercise or access to books or newspapers and that the food provided was inadequate.

The applicant complained in particular about their conditions of detention, about the searches made of their homes which they maintained were unlawful and that they were not brought promptly before a judge. The applicant relied on Articles 3, 5, 8 and 6 § 1 (right to a fair trial). Mr Dobrev also relied on Article 13 (right to an effective remedy). 

(from the official press-release prepared by the Registry Office of the  European Court of Human Rights)

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