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This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
The case originated in an application (no. 39272/98) against the Republic of Bulgaria lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Bulgarian national, M.C. (“the applicant”), on 23 December 1997. In the proceedings before the Court, the President of the Chamber acceded to the applicant's request not to have her name disclosed (Rule 47 § 3 of the Rules of Court).
The applicant, who had been granted legal aid, was represented by Mr Y. Grozev, a lawyer practising in Sofia. Mr Grozev submitted a power of attorney dated 27 November 1997, signed by the applicant and her mother. The Bulgarian Government (“the Government”) were represented by their agents, Ms V. Djidjeva, Ms M. Dimova and Ms M. Kotzeva, of the Ministry of Justice.
The applicant alleged violations of her rights under Articles 3, 8, 13 and 14 of the Convention in that domestic law and practice in rape cases and the investigation into the rape she had been a victim of did not secure the observance of the respondent State's positive obligations to provide effective legal protection against rape and sexual abuse.
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