Изискването за независимост на разследващите органи по Конвенцията за защита на правата на човека и основните свободи
The requirement for independence of the investigative bodies under the European convention for the protection of human rights and fundamental freedoms

Summary/Abstract: According to the jurisprudence of the European Court of Human Rights, Article 2 and Article 3, read together with Article 1 of the European Convention on Human Rights, require an effective official investigation of violent crimes against life and health of the individual. The European standard for effective investigation consists of several requirements, established by the European Court, including the independence of the investigative bodies in relation to the investigated persons, especially when police or other law enforcement officers are being investigated. The European Court differentiates between two types of independence of the investigating bodies, namely, an institutional independence and a practical independence. The article considers the evaluation criteria, applied by the European Court to the independence of the investigation. It also assesses the legal guarantees for such independence according to the Bulgarian criminal procedural legislation. Several potential shortcomings in the Bulgarian practice that could lead to conflict with the European Court‘s requirement for independent investigation have been identified and recommendations for reducing the risk of that have been formulated accordingly.

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