Information Note on the Court’s case-law 50

February 2003

Lotter and Lotter v. Bulgaria (dec.) - 39015/97

Decision 6.2.2003 [Section I]

Article 9

Article 9-1

Freedom of religion

Expulsion of Jehovah’s Witnesses: admissible

The applicants, Austrian nationals, are Jehovah’s Witnesses, and were married at the relevant time. They moved to Bulgaria in 1993, where they registered a company. The first applicant, as we ll as other Jehovah’s Witnesses, was interrogated in April and July 1993 by the local investigation service, which expressed the view that the applicant’s preaching was an intrusion into individuals’ homes and privacy and amounted to propaganda against the Government. In June 1994, a legislative amendment took effect requiring religious organisations to re-register. The Jehovah’s Witnesses organisation’s application was refused and it was required to disband. Thereafter, the authorities considered any activ ity related to this faith to be unlawful. In July 1995, the applicants’ home was searched by police and a number of books and leaflets seized. The police drew up an internal report on the applicants’ activities in their town, where they proselytised vigoro usly. The local investigator stated, in a document drawn up in October 1995, that in view of the applicants’ activities and their negative impact on the local population, as well as the fact that their company was completely inactive, their residence permi ts should be withdrawn. The applicants sought an extension to their permits in October 1995, which was refused by police in December 1995. The applicants were ordered to leave the country by the end of that year. They appealed unsuccessfully to the Ministe r of the Interior and then to the Regional Court, which held that it lacked jurisdiction over matters relating to national security. The applicants appealed this decision to the Supreme Court, arguing that their fundamental rights were being violated and t hat the decision to expel them was not a matter of national security. The appeal was dismissed in May 1997. The first applicant was arrested in October 1997 for unlawful proselytising and illegal residence. He left Bulgaria. The applicants’ marriage was di ssolved and the second applicant married a Bulgarian national and remained in the country. The situation of the Jehovah’s Witnesses in Bulgaria was brought before the European Commission of Human Rights in 1998, leading to a friendly settlement. In October 1998, the association was granted the status of religious denomination in Bulgaria.

Admissible under Articles 9 and 14: The Government’s objection that the application was out time because the domestic proceedings proved to be futile was rejected. It was reasonable that the applicants took proceedings before the domestic courts in view of their contention that their situation did not affect national security and their reliance on the Constitution. The final decision was therefore taken in May 1997 and the application was lodged within six months of that date.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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