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Thus, it appears that the authorities applied the defective approach according to which remand in custody was imposed and maintained automatically whenever the charges concerned a serious offence, without analysis in concreto, which makes this complaint similar to those in previous cases against Bulgaria where violations were found (see, for example, Ilijkov, cited above, §§ 67-87 and Shishkov v. Bulgaria, no. 38822/97, §§ 57-67, ECHR 2003-I).

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The relevant provisions of the Code of Criminal Procedure (the "CCP") and the Bulgarian courts' practice before 1 January 2000 are summarised in the Court's judgments in several similar cases (see, among others, Nikolova v. Bulgaria [GC], no. 31195/96, §§ 25-36, ECHR 1999-II; Ilijkov v. Bulgaria, no. 33977/96, §§ 55-59, 26 July 2001; and Yankov v. Bulgaria, no. 39084/97, §§ 79-88, ECHR 2003-XII (extracts)).

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From 1 February 2000 to 13 June 2000 (see paragraphs 19, 20 and 34 above), the applicant's deprivation of liberty was based on Article 5 § 1 (a) of the Convention as "the lawful detention of a person after conviction by a competent court" and cannot therefore be taken into account for the purposes of Article 5 § 3 of the Convention, a provision which only concerns the length of detention within the meaning of Article 5 § 1 (c) of the Convention (see, for example, B. v. Austria, judgment of 28 March 1990, Series A no. 175, p. 14, § 36 and Iliev v. Bulgaria, no. 48870/99, § 36, 22 December 2004).

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In addition, the Court recalls that Article 5 § 4 provides a lex specialis in relation to the more general requirements of Article 13 (see, among other authorities, M.A. and M.M. v. France (dec.), no. 39671/98, ECHR 1999 VIII).