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The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:
The case was referred to the Court by the European Commission of Human Rights (“the Commission”) on 13 September 1999, within the three-month period laid down by former Articles 32 § 1 and 47 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). It originated in an application (no. 31365/96) against the Republic of Bulgaria lodged with the Commission under former Article 25 by a Bulgarian national, Mr Dimitar Varbanov (“the applicant”), on 10 January 1996.
The applicant, who was granted legal aid before the Court, was represented by Mr Y. Grozev, a lawyer practising in Sofia. The Bulgarian Government (“the Government”) were represented by their Agent, Mrs V. Djidjeva, co-Agent, of the Ministry of Justice. Having originally been designated before the Commission by the initials D.V., the applicant subsequently did not object to the disclosure of his name.
The applicant alleged that his confinement in a psychiatric clinic was unlawful and that it was not possible to appeal to a court in this respect.
The application was declared partly admissible by the Commission on 16 April 1998. In its report of 21 April 1999 (former Article 31 of the Convention) [ Note by the Registry . The report is obtainable from the Registry.], it expressed the unanimous opinion that there had been violations of Article 5 § 1 and Article 5 § 4.
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