ANATOLIY MARINOV v. BULGARIA JUDGMENT
appeared that the applicable law required that a person under partial
guardianship may instruct a lawyer provided that the form of authority was
signed by the guardian, but for the procedure before the Court such an
authority was not required, see also Zehentner v. Austria, no. 20082/02, § 39,
16 July 2009). Therefore, the Court dismisses the first preliminary objection
by the Government.
(b) Regarding the exhaustion of domestic remedies
25. The general principles on the rule of exhaustion of domestic remedies
have been summarised in Vučković and Others v. Serbia ((preliminary
objection) [GC], nos. 17153/11 and 29 others, §§ 69-77, 25 March 2014).
That rule obliges those seeking to bring a case against the State before an
international judicial body to use first the remedies provided by the national
legal system, thus dispensing States from answering before an international
body for their acts before they have had an opportunity to put matters right
through their own legal systems. In order to comply with the rule, normal
recourse should be had by an applicant to remedies which are available and
sufficient to afford redress in respect of the breaches alleged (ibid.,
§§ 70 and 71, with further references).
26. The only remedies to be exhausted are those which are effective. It is
incumbent on the Government claiming non-exhaustion to satisfy the Court
that the remedy was an effective one, available in theory and in practice at
the relevant time, that is to say, that it was accessible, was one which was
capable of providing redress in respect of the applicant’s complaints and
offered reasonable prospects of success. Once this burden of proof has been
satisfied, it falls to the applicant to establish that the remedy advanced by the
Government was in fact exhausted, or was for some reason inadequate and
ineffective in the particular circumstances of the case, or that special
circumstances existed which absolved him or her from this requirement (ibid.,
§ 77; see also Kalashnikov v. Russia (dec.), no. 47095/99, ECHR 2001-XI
(extracts), with further references).
27. In the instant case, the Court notes the Government’s observation that
had the applicant himself conducted the proceedings for the judicial
termination of his guardianship he could have secured the restoration of his
right to vote (paragraph 20 above). However, the Court observes that the
courts that examined the applicant’s civil action for the restoration of his civil
capacity – namely the Ruse Regional Court and the Veliko Tarnovo Court of
Appeal – terminated those proceedings, having deemed that the applicant
should have been acting as the respondent (and not as a claimant) in those
civil proceedings; in so doing, those courts denied him direct access to a court
in respect of that matter (paragraphs 7-9 above). The Court reiterates, in that
respect, that it has already ruled that such a situation was in breach of the
rights protected under Article 6, and has even indicated to the Bulgarian
authorities that they should provide for the necessary general measures to
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