Bekirski v. Bulgaria and Y.P. and L.P. v. France

Thursday, September 2, 2010

On 2 September 2010 the European Court ruled that Bulgaria had violated Article 2 (right to life) and Article 3 (prohibition of inhuman and degrading treatment) of the Convention on two occasions each.

In the case of Bekirski v. Bulgaria the Court found that Hristo Bekirski had been tortured by police in detention in 1996 and that the authorities had failed in their obligation to provide adequate and timely medical care to the man, twice in violation of Article 3. The Court additionally stated that, as a result of the torture and Bulgaria’s reluctance to help the Court with its examination of the case as well its failure to carry out an effective investigation into the death, that it had also twice violated Article 2.    

On 2 September 2010 in the case of Y.P. and L.P. v. France the Court ruled that, if the two Belarusian asylum-seekers and their family were removed to Belarus, there would be a violation of Article 3. The complainant, Y.P, had been active in Belarus’ democratic opposition before fleeing to France with his family in 2005. Although they had been refused asylum in France, the Court ruled that, if forcibly returned to Belarus at the present moment, Y.P and his family faced further persecution and possible imprisonment.