site.btaStrasbourg Judges Find Human Rights Violations by Bulgarian Authorities in Two Cases

Strasbourg Judges Find Human Rights Violations by Bulgarian Authorities  in Two Cases


Brussels/Strasbourg, February 24 (BTA) - The European Court of
Human Rights (ECHR) Tuesday found that the Bulgarian authorities
 violated the Convention for the Protection of Human Rights and
Fundamental Freedoms in two separate cases.

Examining an application by Veli Karaahmed, the ECHR found a
violation of Article 9 (freedom of thought, conscience and
religion) of the Convention during a demonstration by members of
 the Ataka party in front of Sofia's mosque on May 20, 2011. As
Just Satisfaction, judges awarded 3,000 euro (non-pecuniary
damage) and 4,668 euro (costs and expenses).

Karaahmed was among the worshippers when Ataka organized the
demonstration outside the mosque during Friday prayers. Between
100 and 150 members and supporters of the party gathered to
protest against what they called "howling" coming from the
mosque's loudspeakers. The demonstration degenerated into
violence with protestors shouting abuse at the worshippers.

Police were present and intervened when fighting broke out. The
police opened three investigations into the incident. The first
two were suspended without anyone being charged. Seven people
were charged as a result of the third investigation, although no
 information was provided as to whether they were prosecuted.
The City Prosecutor also opened an investigation, which is
ongoing and no charges have been bought yet. Karaahmed
complained that the authorities' response both during the
demonstration and after it had been inadequate.
 
The second case concerned the killing of a young Roma man by the
 police in 2004.

Boris Mihaylov was the father of one of the applicants and the
partner of the other applicant. In August 2004, a member of the
public reported seeing Mihaylov and two others trying to open
the doors of a parked lorry. A police vehicle was dispatched to
investigate, a chase ensued, at first by car and then on foot.
One policeman chased Mihaylov, and following a fight, shot him
in the head. The policeman claimed to have acted in
self-defence.

A criminal investigation was opened on the day of the killing
and completed two months later. In line with the investigator's
recommendation, the prosecutor issued a decree to discontinue
criminal proceedings against the police officer. The prosecutor
agreed that the police officer had shot Mihaylov but that this
had not been a disproportionate reaction to the alleged attack
by Mihaylov and therefore did not constitute an offence. This
decree was quashed following a judicial review by the Sofia
Military Court and the investigator was instructed to reopen the
 investigation. This pattern of the prosecutor issuing a decree
to discontinue proceedings which was then quashed following a
judicial review was repeated eight times, with the prosecutors
reaching the same conclusion in every subsequent investigation.
In 2009, the policeman requested a judicial review by the
Military Court of Appeal. This court ultimately found that he
had been faced with a real and imminent attack; he had acted in
self-defence and had not, therefore, committed an offence. The
Military Court of Appeal upheld the prosecutor's decree to
discontinue the criminal proceedings.

Invoking Article 2 (right to life) of the Convention, the two
applicants argued that Mihaylov had been killed by the police in
 a situation where lethal force had not been necessary. They
also argued that the authorities had failed to conduct an
effective investigation into the matter. As Just Satisfaction,
judges awarded 16,000 euro (non-pecuniary damage) and 6,000 euro
 (costs and expenses).