ANATOLIY MARINOV v. BULGARIA JUDGMENT
applicant’s claim for just satisfaction) did not appear to be, in their view,
identical to the one affixed to his identity card and to a copy of one of the
documents annexed to the observations. The Government also considered this
contract to be invalid owing to the absence of the signature of the applicant’s
guardian, as required by the domestic law.
20. Furthermore, the Government submitted that the application should
be rejected for non-exhaustion of domestic remedies, arguing that the
applicant had had the opportunity to seek the judicial termination of his
guardianship, but had not – through his own fault and the fault of his legal
representative – adequately availed himself of this procedure, which led to
the termination of the proceedings (paragraphs 7-9 above).
21. Lastly, the Government pleaded that the application constituted an
abuse of the right of individual application within the meaning of
Article 35 § 3 (a) of the Convention, as the applicant had failed to inform the
Court of: (1) his attempts to restore his legal capacity through judicial
proceedings before the Bulgarian courts, and (2) the existence of proceedings
for the appointment of a new guardian for the applicant (paragraphs 7-9
and 12 above).
22. The applicant’s representative responded that the applicant had signed
the contract in question (together with other documents) in the offices of the
Bulgarian Helsinki Committee in person; he therefore argued that he had been
validly authorised to represent the applicant.
23. The applicant also argued that the proceedings for the restoration of
his legal capacity were irrelevant to the subject matter of his complaint. The
purpose of the present application was solely to challenge the legal basis of
his being deprived, as a person placed under guardianship, of his right to vote.
He also contested the argument that he had abused of his right to lodge an
application with the Court, as the information which the Government had
asserted had been withheld from the Court (paragraph 21 above) did not in
fact relate to the core matter of the present case.
2. The Court’s assessment
(a) Regarding the validity of the applicant’s representation
24. The Court observes that the applicant signed the “power of attorney”
section within the application form and thus authorised Mr K. Kanev to act
as his representative before the Court. The applicant did not at a later stage
lodge any declaration that he had withdrawn this power of attorney. The Court
is therefore satisfied that the application was validly submitted on behalf of
the applicant and that the latter wishes Mr Kanev to pursue his complaints.
The Court also notes that for the applicant to lodge an application with the
Court (whether or not he is represented), the applicant’s guardian’s consent
is not required, even if that is the case under the domestic legal framework
(see Stanev v. Bulgaria [GC], no. 36760/06, § 43, ECHR 2012, where it
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