ANATOLIY MARINOV v. BULGARIA JUDGMENT
in all pending and future cases in which he had been appointed to personally
act as their representative (Rule 36 § 4 (a) in fine of the Rules of Court).
3. The
Government
were
represented
by
their
Agent,
Ms I. Stancheva-Chinova of the Ministry of Justice.
4. The facts of the case, as submitted by the parties, may be summarised
as follows.
5. In his initial application, the applicant submitted that in 1999, he had
been diagnosed with psychiatric disorders; the Government have not disputed
those facts. On the basis of that diagnosis, on 12 May 2000 the Sliven
Regional Court had placed him under partial guardianship. That measure had
attracted, among other restrictions, the application of Article 42 § 1 of the
Constitution (see paragraph 13 below) to the applicant, excluding him from
the right to vote. The underlying court decision had held that the applicant’s
health condition did not allow him to take good care of himself and that he
was occasionally aggressive, but that the situation was not too serious.
6. Furthermore, the following facts have been submitted by the
Government in their observations, as well as by the applicant in reply, in
respect of the present proceedings.
7. On 4 November 2015, the applicant lodged an application with the
Ruse Regional Court for the restoration of his legal capacity, through the
services of a lawyer authorised by him and his guardian. In the proceedings
that followed, on 15 February 2016 the court noted that the application had
been lodged by the applicant’s guardian and terminated the proceedings on
this ground. According to the applicable law, the applicant could only be a
respondent in such proceedings; therefore, the guardian should have
submitted an address for the applicant, in order that he might be summoned
in that capacity. As no such address was submitted to the court, the
proceedings could not continue. Following an appeal by the applicant, on
4 May 2016 the Veliko Tarnovo Court of Appeal upheld the first-instance
court’s decision.
8. On 19 May 2016, the applicant lodged a request for leave to appeal with
the Supreme Court of Cassation, arguing that he had been denied free and
direct access to a court, in contravention of the Convention. The Supreme
Court of Cassation quashed the decision because the proceedings in question
had been terminated, and remitted the case to the Ruse Regional Court for
those proceedings to be reopened.
9. On 19 October 2016, Ruse Regional Court terminated the proceedings
again, reasoning that the applicant’s guardian, considered as a claimant, had
failed to comply with the court’s instructions to specify the respondent in the
case and to provide an address at which he could be summoned.
10. On 24 January 2017, the President of the Republic of Bulgaria
scheduled parliamentary elections, to be held on 26 March 2017. The
applicant was unable to participate, owing to the fact that he had been
declared legally incapable.
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