EUROPEAN COMMISSION OF HUMAN RIGHTS

Application No. 30985/96

Glavno Myuftiistvo (Chief Mufti Office)

and Fehmi Syuleiman

against

Bulgaria

REPORT OF THE COMMISSION

(adopted on 17 September 1998)

TABLE OF CONTENTS

                                                                                                                            Page

I.          THE PARTIES ......................................... 1

(paras. 1-3)

II.         SUMMARY OF THE FACTS ............................... 1

(paras. 4-8)

III.       THE PROCEEDINGS BEFORE THE COMMISSION .............. 2

(paras. 9-20)

IV        THE DECISION OF THE COMMISSION ...................... 4

(paras. 21-24)

APPENDIX:          DECISION ON ADMISSIBILITY ..................... 5

I. THE PARTIES

1. This Report, which is drawn up in accordance with Article 30 para. 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, concerns the application brought by Glavno Myuftiistvo (Chief Mufti Office) and Fehmi Syuleiman against Bulgaria.

2. The application was initially introduced by four applicants (see para. 9 below).  Following the Commission's decision of 4 July 1998 to disjoin the complaints of two of the applicants (see para. 18 below), the present report is only dealing with the complaints of two of the applicants.  These are the Chief Mufti Office of the Bulgarian Muslim Community ( Glavno Myuftiistvo ) (the first applicant) and Mr Fehmi Iavash Syuleiman (the second applicant), a Bulgarian national born in 1940, who died in 1997.  In the proceedings before the Commission the applicants were represented by Mr Yonko Grozev , a lawyer practising in Sofia.

3. The Government of Bulgaria were represented by Ms Violina Djidjeva , co-Agent at the Ministry of Justice.

II. SUMMARY OF THE FACTS

4. The facts of the case are set out in the Commission's decision on admissibility of 8 September 1997, annexed hereto, and may be summarised as follows:

5. In February 1995 the Council of Ministers registered as leaders of the Bulgarian Muslim community the persons who for the previous three years had represented a rival wing in the community.  No reasons were given for this decision.  The new leadership took over all assets of the Muslim religious community.  The first applicant unsuccessfully appealed to the Supreme Court.  In 1996 and again in 1997 the Supreme Court quashed the refusals of the Council of Ministers to register a new statute and leadership of the first applicant.  However, the Council of Ministers failed to abide by the decisions of the Supreme Court. 

6. The applicants complain under Article 9 that the State interfered with their right to freedom of religion by arbitrarily imposing on the Muslim community a leadership and a statute, which had the approval of only one group of Muslims.  They also complain that certain civil rights were determined contrary to Article 6 para. 1 and that there has been a breach of Article 13 in conjunction with Article 9 of the Convention and Article 1 of Protocol No. 1 to the Convention.

7. Following a unification conference of October 1997 the Chief Mufti Office has declared that they do not wish to pursue the application and that they consider that the matter has been resolved as a friendly settlement has been reached.   The heirs of Mr Syuleiman have declared that they are not interested in pursuing the application.

8. The Commission has received from the parties a document entitled "Friendly settlement", dated 12 May 1998, and signed by representatives of the Chief Mufti Office and of the Government.  The document contains a brief recollection of the events leading to the unification conference and concludes:

"The parties hereby put an end to their dispute because the question raised in the application [to the Commission] has been resolved on the basis of respect for human rights as they are defined in the Convention.  Therefore, the application no.30985/96 is hereby withdrawn."

III. THE PROCEEDINGS BEFORE THE COMMISSION

9. The application, which was initially brought by four applicants, the Chief Mufti Office ( Glavno Myuftiistvo ), Mr Fehmi Syuleiman , Mr Fikri Hasan and Mr Ismail Chaush , was introduced on 22 January 1996 and registered on 11 April 1996.

10. On 24 February 1997 the Commission decided, pursuant to Rule 48 para. 2 (b) of its Rules of Procedure, to give notice of the application to the respondent Government and to invite the parties to submit written observations on its admissibility and merits.

11. On 22 April 1997 the applicants submitted additional information on their own motion.  A copy of their submissions was transmitted to the respondent Government.

12. The time-limit for the Government's written observations expired on 2 May 1997.  The Government did not request its extension.  By letter of 14 May 1997 the Government were reminded that they had not submitted observations.  By letter of 24 June 1997 the Government were informed that the application was being considered for examination during the Commission's session beginning on 8 September 1997 although no observations had been received.

13. On 8 September 1997 the Commission declared the application admissible.

14. The text of the Commission's decision on admissibility was sent to the parties on 25 September 1997 and they were invited to submit such further information or observations on the merits as they wished.

15.  By letters of 31 October and 21 November 1997 the Government informed the Commission that at a unification conference held on 23 October 1997 the two rival wings of the Muslim community adopted a new statute and elected a new united leadership.  These changes were sanctioned by the Council of Ministers by decision of 28 October 1997.  The Government stated that these events constituted a friendly settlement and asked the Commission to strike the case off its list of cases.

16.  By letter of 13 January 1998 the applicants' lawyer informed the Commission that Mr Fehmi Iavash Syuleiman had passed away and that his heirs did not wish to pursue the application.

17. By letter dated 25 February 1998 and addressed to the Commission the Chief Mufti Office stated that they withdrew their application before the Commission.

18. On 4 July 1998 the Commission decided to disjoin the complaints of the Chief Mufti Office and of Mr Fehmi Syuleiman from the complaints of MM Fikri Hasan and Ismail Chaush .  The present report is only dealing with the complaints of the Chief Mufti Office and Mr Fehmi Iavash Syuleiman .

19. On 17 September 1998 the Commission decided, pursuant to Article 30 para. 1 (a) of the Convention, to strike the present application out of its list of cases, insofar as it concerns the complaints of these two applicants.

20. It adopted the present Report and decided to transmit it to the Committee of Ministers and the Parties for information and to publish it.  The following members of the Commission were present when the Report was adopted:

MM S. TRECHSEL, President

J.-C. GEUS

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

Mrs G.H. THUNE

Mr F. MARTINEZ

Mrs J. LIDDY

MM L. LOUCAIDES

B. MARXER

M.A. NOWICKI

B. CONFORTI

I. BÉKÉS

D. ŠVÁBY

G. RESS

A. PERENIČ

C. BÃŽRSAN

P. LORENZEN

K. HERNDL

E. BIELIŪNAS

E.A. ALKEMA

M. VILA AMIGÓ

Mrs M. HION

MM R. NICOLINI

A. ARABADJIEV

IV. THE DECISION OF THE COMMISSION

21. The Commission notes that the first applicant, the Chief Mufti Office, does not wish to pursue its complaints as it considers that the matter has been resolved following the unification conference of October 1997.

22. The Commission also notes that the heirs of Mr Fehmi Iavash Syuleiman do not wish to pursue his complaints.

23. In the light of the above considerations, the Commission concludes that these two applicants do not intend to pursue their application, within the meaning of Article 30 para. 1 (a) of the Convention.

24. Moreover, as regards the issues raised in the present case, the Commission finds no reasons of a general character affecting respect for human rights, as defined in the Convention, which require the further examination of the application by virtue of Article 30 para. 1 in fine of the Convention.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE OUT OF ITS LIST OF CASES THE COMPLAINTS OF GLAVNO MYUFTIISTVO (CHIEF MUFTI OFFICE) AND MR FEHMI SYULEIMAN, REGISTERED UNDER APPLICATION No. 30985/96;

ADOPTS THE PRESENT REPORT;

DECIDES TO SEND THE PRESENT REPORT to the Committee of Ministers and the Parties for information, and to publish it.

        M. de SALVIA                                                             S. TRECHSEL

         Secretary                                                                           President

      to the Commission                                                      of the Commission