Resolution CM/ ResDH (2011)193 [1]

Execution of the judgments of the European Court of Human Rights

Hasan and Chaush and Supreme Holy Council of the Muslim Community against Bulgaria

( Hasan and Chaush , application No. 30985/96, judgment of 26/10/2000, Grand Chamber

Supreme Holy Council, application No. 39023/97, judgment of 16/12/2004, final on 16/03/2005)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern unjustified interferences by the authorities in the internal organisation of the divided Bulgarian Muslim community, between 1995 and 1997, due to the replacement of its recognised leadership and to the manner in which the executive participated in the organisation of a conference aimed to unify this community (violations of Article 9); as well as the lack of effective remedy in this respect (case of Hasan and Chaush , violation of Article 13) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that the respondent state paid the a p plicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ ResDH (2011)193

Information on the measures taken to comply with the judgments in the cases of

Hasan and Chaush and Supreme Holy Council of the Muslim Community

against Bulgaria

Introductory case summary

The applicants in these two cases are the representatives of the two rival factions which, since the democratic changes of 1989, dispute the direction of the Muslim community in Bulgaria .

The cases concern the authorities ’ unjustified interference between 1995 and 1997 in the internal organisation of a divided Muslim community, due to the replacement of its recognised leadership and to manner in which the executive participated in the organisation of a conference in 1997 aimed to unify this community (violations of Article 9). The first case also concerns the repeated refusal of the Bulgarian Council of Ministers to comply with the Supreme Court ’ s judgments quashing the refusal to register the new leadership of the community (violation of Article 13).

The European Court noted in the first case that the provisions of the Religious Denominations Act of 1949 did not meet the required standards of clarity and predictability and allowed unfettered discretion to the executive in registering religious denominations.

In the second case the Court observed that the authorities did not remain a neutral mediator between opposing groups, but rather insisted on unification despite the decision of the leaders of the applicant organisation to withdraw. In consequence, the authorities ’ actions (notably those of the Directorate of Religious Denominations, a government agency) had the effect of compelling the divided community to accept a single leadership against the will of one of the two rival leaderships. The leaders elected by the 1997 conference obtained the status of the sole legitimate leadership of the Muslim community and, as a result, the applicant organisation was deprived of the possibility of continuing to manage the affairs and assets of the part of the Muslim community it represented.

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Hasan and Chaush 30985/96

-

10 000 BGN

10 000 BGN minus 18 655,87 FRF

20 000 BGN minus 18 655,87 FRF

Paid on 30/01/2001

Supreme Holy Council of the Muslim Community

39023/97

-

5 000 EUR

5 000 EUR

10 000 EUR

Paid on 16/06/2005

b) Individual measures

The government considers that the individual measures in this group of cases have to be examined in the light of the general measures taken for the execution of these two judgments, namely of the adoption in 2002 of a new Religious Denominations Act (hereafter - the “2002 Act”). The authorities indicated in this respect that the 2002 Act entrusts the Sofia City Court with the registration of the religious organisations and of their leaders, and no longer the executive as was the case at the time of the facts incriminated in theses cases (for more details on the general measures, see below).

As to the current situation of the applicant parties in these cases, the government indicates that the two rival factions to which the applicants belong continue to dispute the direction of the Muslim community in Bulgaria .

During the period 2005-2010, the applicant faction in the case of Hasan and Chaush asked the Sofia City Court to register the decisions taken at several national conferences of the Muslim community. Each of these requests was challenged by the applicant faction in the case of Supreme Holy Council of the Muslim Community and finally they were all rejected.

The most recent national conference took place on 12/02/2011. This conference elected new governing bodies and adopted a new statute. By a final judgment of 20/04/2011, the Sofia Court of Appeal granted the registration of the results of this new conference. The registration was made in April 2011.

The Government underlines further that since the adoption of the two judgments concerning the organisation of the Muslims in Bulgaria, the competent domestic authorities have abstained from any arbitrary measure which could have the effect of favouring one of the rival factions and that they have not taken practical steps aimed at compelling the community to accept a single leadership.

In these circumstances, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

1) Problems related to the arbitrary replacement of the Muslim community ’ s leadership and to the authorities ’ interference in the organisation of the unification conference in 1997

The authorities consider that the new Religious Denominations Act of 2002, which entered into force in 2003, represents a sufficient guarantee to prevent new, similar violations in the future. It should be noted in particular that from then on, a judicial body - the Sofia City Court - and no longer the executive, is competent to register religious communities wishing to obtain legal personality. The information concerning the governing bodies and the bodies or persons who represent the religious organisation is recorded in a public register at the Sofia City Court (Section 18 of the 2002 Act).

Furthermore, the Ministry of Justice sent the judgments of the European Court to the competent courts to ensure that applicable domestic law is interpreted in conformity with the Convention. The judgment in the case of the of Supreme Holy Council of the Muslim Community was also sent to the Directorate of Religious Denominations which transmitted it to the local authorities competent for the registration of regional leaders of religious denominations.

Finally, the authorities consider that the seminars on the Convention and the European Court ’ s case law organised by the National Institute of Justice are also relevant measures for the execution of these cases (more that 23 seminars for more than 798 participants - judges, prosecutors and national experts - took place in the period 2001-2006, of which 3 seminars on Article 9).

2) Domestic remedy

Following the entry into force of the 2002 Religious Denominations Act, the Bulgarian Council of Ministers is no longer competent to approve the registration or the modification of the statute of religious denominations. As indicated above, these are issues to be decided by the domestic courts. The authorities consider that following this legislative change the violation found in the case of Hasan and Chaush due to the refusal of the Council of Ministers to comply with the judgments of the Supreme Court ordering to them to register a leader of the Muslim community can not be repeated.

3) Publication : The judgments were published on the website of the Ministry of Justice www.mjeli.g o vernment.bg

III. Conclusions of the respondent state

The government considers that no other individual measure is required in these cases, that the general measure adopted will prevent similar violations and that Bulgaria has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 2 December 2011 at the 1128th Meeting of the Ministers’ Deputies