ANATOLIY MARINOV v. BULGARIA JUDGMENT
an effective remedy. It follows that the application cannot be rejected for
non-exhaustion of domestic remedies.
(c) Regarding the abuse of the right of individual petition
30. The Court reiterates that, according to its case-law, an application is
an abuse of the right of application if it is knowingly based on untrue facts
with a view to deceiving the Court (see, among other authorities, X and
Others v. Bulgaria [GC], no. 22457/16, § 145, 2 February 2021).
Furthermore, the submission of incomplete and thus misleading information
may also amount to an abuse of the right of application, especially if the
information concerns the very core of the case and no sufficient explanation
has been provided for the failure to disclose that information (see Gross
v. Switzerland [GC], no. 67810/10, § 28, ECHR 2014). The same applies if
important new developments have occurred during the proceedings before the
Court and if, despite being expressly required to do so by Rule 47 § 7 of the
Rules of Court, the applicant has failed to disclose that information to the
Court, thereby preventing it from ruling on the case in full knowledge of the
facts. However, even in such cases, the applicant’s intention to mislead the
Court must always be established with sufficient certainty (see Centro
Europa 7 S.r.l. and Di Stefano v. Italy [GC], no. 38433/09, § 97, ECHR 2012).
31. Turning to the circumstances of the present case, the Court has no
basis to conclude that the applicant intentionally submitted facts which he
knew to be false. In addition, the Court considers that while it is true that, in
his initial application, the applicant did not provide the information specified
by the Government, that information cannot be deemed to be essential for
deciding the outcome of the application. The Court gives particular weight to
the fact that the applicant’s complaint questions the automatic constitutional
ban on his right to vote after he was declared legally incapable – regardless
of whether or not his legal capacity is restored to him in the future. The Court
has already noted that the proceedings for restoring the applicant’s legal
capacity do not relate sufficiently to the core issue highlighted in the present
complaint (paragraphs 27-29 above).
32. Accordingly, the Court rejects the Government’s preliminary
objection that the applicant’s conduct constituted an abuse of the right of
application within the meaning of Article 35 § 3 (a) in fine of the Convention.
(d) Conclusion on the admissibility
33. The Court notes that the application is neither manifestly ill-founded
nor inadmissible on any other grounds listed in Article 35 of the Convention.
It must therefore be declared admissible.
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