HUMAN RIGHTS in BULGARIA in 2013 the Bulgarian Helsinki Committee Is an Independent Non-Governmental Organisation for the Protection of Human Rights
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HUMAN RIGHTS IN BULGARIA IN 2013 The Bulgarian Helsinki Committee is an independent non-governmental organisation for the protection of human rights. It was established on 14 July 1992. Chair: Krassimir Kanev Deputy chair: Desislava Simeonova Members of the General Assembly: Antoaneta Nenkova, Daniela Furtunova, Desislava Simeonova, Dimitrina Petrova, Georgi Bankov, Georgi Toshev, Iliana Savova, Ivan Bedrov, Kalina Bozeva, Kiril Ivanov, Krassimir Kanev, Margarita Ilieva, Ramadan Kehajov, Vassil Chaprazov, Valko Stanev, Yana Buhrer Tavanier. Contents Political developments in Bulgaria during 2013 5 Right to life, protection from torture, inhuman and degrading treatment 7 Right to liberty and security of person 12 Independence of the judiciary and fair trial 16 Right to respect for private and family life, home and the correspondence 21 Freedom of conscience and religion 23 Freedom of expression and access to information 26 Conditions in places of detention 33 Protection against discrimination 42 Right to asylum, freedom of movement 53 Women’s rights 60 Rights of the child 64 LGBTI rights 69 List of abbreviations AEJ Association of European Journalists – Bulgaria AIP Access to Information Programme BHC Bulgarian Helsinki Committee BNT Bulgarian National Television BSP Bulgarian Socialist Party CBS Correctional boarding schools CEM Council for Electronic Media CPA Child Protection Act ECHR European Convention on Human Rights ECtHR European Court of Human Rights ESDRA Enforcement of Sentences and Detention under Remand Act FRA EU Fundamental Rights Agency FTAC Family-type accommodation centres GDBOP Directorate General on Combating Organised Crime GERB Citizens for European Development of Bulgaria HCDPC Homes for children deprived of parental care HCMD Homes for children with mental disabilities HMSCC Homes for medical and social care for children ITAMJ Institutions for temporary accommodation of minors and juveniles LSMDA Liability of the State and the Municipalities for Damages Act MOEW Ministry of Environment and Water MoI Ministry of Interior MRF Movement for Rights and Freedoms SAC Supreme Administrative Court SANS State Agency for National Security SBS Social educational boarding schools SCC Supreme Court of Cassation SDIA Sofia Directorate of Internal Affairs SJC Supreme Judicial Council SRAC Sofia Region Administrative Court SSM Special surveillance means UJB Union of Judges in Bulgaria Political developments in Bulgaria during 2013 In 2013, Bulgaria was governed by three consecutive governments. The gov- ernment of the Citizens for European Development of Bulgaria (GERB) was in power until the end of February. On 20 February 2013, following sever- al days of street protests in several Bulgarian cities, targeted bmitted the resig- nation of his government. On 13 March 2013, President Rosen Plevneliev ap- pointed a caretaker government headed by prime minister Marin Raykov. The main purpose of this cabinet was to organise early parliamentary elections. The elections were held on 12 May 2012. They were marked by severe confrontation between the main political parties, discrediting war, vote-buying suspicions and use On 14 June 2013 the of unethical propaganda practices. The discovery that the former government had ar- bitrarily tapped the phones of its political opponents and the suspicions that election government results were falsified tainted the situation even more. Media coverage of the election nominated campaign, especially by the private media, was not balanced. This holds true espe- MRF Member cially for the Alpha and SKAT television channels, owned by the two largest neo-to- talitarian nationalist parties, Ataka and the National Front for the Salvation of Bulgaria of Parliament (NFSB). The major ethnic minorities, the Turks and the Roma, had difficulties in under- Delyan Peevski – a standing the election messages as the Electoral Code prohibits electoral campaigns businessman and to be held in a language other than Bulgarian. During the election campaign, the lead- media tycoon who er of the Movement for Rights and Freedoms (MRF) was fined for publicly addressing voters in Turkish. The elections were monitored by a mission of the OSCE Office for is widely thought to Democratic Institutions and Human Rights. The monitoring report that was published have amassed his on 25 July 2013 contained many recommendations. The most important ones con- fortune through the cerned the need for adopting measures against vote-buying, ensuring the timely ap- plication of electoral laws, providing greater opportunities for appeal of all election-re- political protection lated decisions, allowing election campaigning in minority languages, guaranteeing a of several previous balanced media coverage of the elections as well as transparent media ownership.1 governments – for Most of the votes went to GERB. Another three political parties also won parliamen- SANS chairman. tary seats: the Bulgarian Socialist Party (BSP), the Movement for Rights and Free- doms and Ataka. In the first weeks after the new parliament was constituted, GERB MPs refused to enter the National Assembly. BSP and DPS formed a government headed by BSP-nominated Prime Minister Plamen Oresharski. However, they were one vote short of parliamentary majority and quorum. The lacking vote was provided by Ataka, making the government dependent on this party. Ataka is an extreme na- tionalist party, which opposes basic political democracy and human rights principles. It consistently instigates hatred, discrimination and violence against the ethnic and the religious minorities, as well as against asylum seekers in Bulgaria. Having the new government rely on the support of this party made the country dangerously dependent on its neo-totalitarian ideology and hindered the adoption of any positive measures in the area of minority rights. In reality, no such measures were adopt- ed by the end of the year and the situation in many fields degraded substantially, even more so with regard to the policy on asylum seekers and refugees in Bulgaria. One of the new government’s first acts was to amend the legislation on combating organised crime. The State Agency for National Security (SANS), a service acting as secret police, burdened by the heritage of the communist secret services and largely excluded from the democratic oversight mechanisms, was given addition- al investigative and detention powers. On 14 June 2013 the government nominat- ed MRF Member of Parliament Delyan Peevski – a businessman and media tycoon who is widely thought to have amassed his fortune through the political protec- 1 OSCE/ODIHR, Republic of Bulgaria: Early Parliamentary Elections, 12 May 2013, Warsaw, 25 July 2013, pp. 27-31. 5 tion of several previous governments One of the areas, where the situation de- – for SANS chairman. His nomination teriorated, was the failure to implement spurred massive spontaneous protests the decisions of the European Court of in Sofia and several other Bulgarian Human Rights (ECtHR, the Court). Al- cities. Many considered it a clear sign though the judgements on applications that the new government wants to use against Bulgaria over the year were not One of the areas, shady means for political retribution. that many (a total of 26, of which 5 by where the situation The protests resulted in Peevski filing a committee), by mid-February 2014 his resignation. The resignation was ac- the number of judgements monitored deteriorated, was the cepted by parliament. Nevertheless, the by the Committee of Ministers of the failure to implement protests continued for several months, Council of Europe as not implemented the decisions of the although gradually losing momentum. by the Bulgarian government reached European Court of a record high of 372. Some of these Systematic and severe violations of hu- were delivered as far back as 2002. Human Rights. man rights in Bulgaria occurred under all governments during the year. The most A joint delegation of the Council of severe and widespread ones were relat- Europe’s Advisory Committee on the ed to the treatment of the newly arrived Framework Convention for the Pro- asylum seekers, most of whom were run- tection of National Minorities and the ning away from the conflict in Syria, be- European Commission against Racism tween September and December 2013. and Intolerance visited Bulgaria in No- Most areas showed stagnation, while in vember. By the end of the year, none some there were certain improvements. of these two bodies had published its observations and recommendations. 6 Right to life, protection from torture, inhuman and degrading treatment Despite the fact that the legislative framework on the use of force and firearms in the Ministry of Interior Act was improved in 2012,2 this had no tangible effect on the frequency of the use of excessive force and firearms in 2013. In 2013, BHC received many reliable complaints by citizens who had been mistreated by police officers and by officers in places of deprivation of liberty. In at least three cases in 2013, people lost their lives in circumstances that give rise to justifiable doubts that excessive force and firearms were used by the law enforcement bodies: • On 23 March, a police officer shot and killed Nikolay Petrov, a Roma, in the vicinity of the railroad tracks at the village of Banya, Razlog municipality. On 31 January 2014 Despite the fact that the Blagoevgrad Regional Prosecutor’s Office notified BHC that pre-trial proceed- the legislative ings had been initiated on a count of premeditated