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IHF REPORT 2006 HUMAN RIGHTS in the OSCE REGION 102 BULGARIA Civil Committee from Two Neighboring Which Was Expected to Strengthen the En- Bishoprics

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IHF REPORT 2006 HUMAN RIGHTS in the OSCE REGION 102 BULGARIA Civil Committee from Two Neighboring Which Was Expected to Strengthen the En- Bishoprics 100 BULGARIA* IHF FOCUS: freedom of expression, free media and information; freedom of associ- ation and peaceful assembly; independence of the judiciary and fair trial; torture and ill-treatment; conditions in prisons and detention facilities; right to life; freedom of religion and religious tolerance; rights of persons with disabilities; national and ethnic minorities; equal rights of women and men; aggressive nationalism, racism and xenophobia; asylum seekers, refugees. On 25 June 2005, regular parliamen- different rights and freedoms guaranteed tary elections were held in Bulgaria. The by the European Convention on Human elections were free and fair. The Bulgarian Rights (ECHR) and its protocols. The Bul- Socialist Party, which had been an opposi- garian government, however, failed to take tion force until then, won the most votes, any effective measures to hold account- but did not secure a sufficient number of able the institutions and officials that were seats in parliament to form a one-party responsible for these violations. government. After lengthy talks, the Socialist Party formed a new government Freedom of Expression, Free Media together with two other parties that had and Information taken part in the previous government, the The situation regarding freedom of ex- centrist National Movement of Sime- pression did not improve noticeably in on II and the Movement for Rights and 2005. There were remaining problems Freedoms, which primarily represents eth- concerning inadequate and discriminatory nic Turks. The main priority of the new media regulation, corruption and the use triple coalition was to ensure Bulgaria’s ac- of criminal prosecution for intimidation of cession to the European Union. journalists. During the year, different EU bodies Anti-minority hate speech dramatically actively monitored and evaluated the increased in some media and this problem country’s readiness for membership in the was not adequately dealt with by media union. In October, the European Com- regulatory mechanisms, in particular the mission published its annual report on Council for Electronic Media (CEM). A Bulgaria’s progress towards accession.1 In number of cable operators, most notably this report, the commission expressed se- the SKAT television network, daily broad- rious concern about the state of human cast programs containing xenophobic and rights in a number of areas, such as the racist discourse, although the Radio and use of force and firearms by law enforce- Television Act explicitly prohibits such ment officials, conditions in places of de- broadcasts. However, throughout the year, tention and the integration of minorities the CEM remained silent with respect to and people with mental disorders. As in these occurrences. This approach was in previous years, however, the report con- significant contrast to the one showed by cluded that Bulgaria met the so-called the CEM in 2003, when it – in violation of Copenhagen criteria established by the free speech standards – dissolved the Den European Council in 1993. television station because the program The European Court of Human Rights “From Telephone to Microphone” alleged- in Strasbourg (ECtHR) delivered judg- ly incited ethnic and religious hatred.2 ments in 23 cases involving Bulgaria. In all The failure of the CEM to adequately these cases, the court found violations of carry out its monitoring functions was also * Based on Bulgarian Helsinki Committee (BHC), Human Rights in Bulgaria in 2005. This report was written by Emil Cohen, Yonko Grozev, Margarita Ilieva, Krassimir Kanev, Slavka Kukova, Yuliana Metodieva, Svilen Ovcharov, Stanimir Petrov, Iliana Savova, Rositsa Stoykova. The report used mate- rials written by the Bulgarian Gender Research Foundation, Sofia and Plovdiv chapters, Animus Association, Women’s Alliance for Development, Centre Nadya Foundation, Demetra Association Foundation, P.U.L.S. Foundation, Centre for Women’s Studies and Policies. BULGARIA 101 documented by a large-scale study exam- October, the Court issued two judgments ining broadcasting in 20 European coun- – in the cases of UMO Ilinden and Ivanov tries. This study,3 published in October, rec- v. Bulgaria and UMO Ilinden PIRIN v. ommended that the Bulgarian government Bulgaria. In the former, the court held that adopt legislative amendments to better a series of prohibitions issued by local au- ensure the independence, including the fi- thorities concerning the holding of peace- nancial independence, of the regulatory ful public events by Bulgarian Macedo- body. nians were in violation of article 11 of the The use of criminal proceedings ECHR. In the latter case, the Court held against journalists continued in 2005. that the Bulgarian authorities had violated N The criminal case against the Roma- the same article when they, in 2000, de- nian journalist George Buhnici, arrested in clared unconstitutional and banned a polit- ical party with a predominantly Macedo- November 2004 for using a concealed nian membership. On 24 November, the camera to film illegal cigarette trade at the ECtHR delivered its judgment in the case Bulgarian-Romanian border, was finally of Ivanov and Others v. Bulgaria, where it brought to an end in December 2005. The found violations of article 11 and 13 (right Ruse Regional Court acquitted Buhnici of to an effective remedy) in relation to the all charges. banning of demonstrations by Bulgarian N In the fall of 2005, the Ruse District Macedonians in Sofia in August and Court ordered journalist Kalina Grancha- September 1998. rova from the Tutrakanski Glas newspaper During the year Bulgarian Macedoni- to pay a fine of EUR 250 for writing a de- ans faced new violations of their right to famatory article. The decision was ap- peaceful assembly. pealed before the Regional Court, but no N On 12 September, the police in Blago- hearing had been scheduled by the end of evgrad did not allow representatives of the the year. United Macedonian Organization UMO A survey on the relationship of Bul- Ilinden to lay flowers at the grave of Gotse garian media with PR agencies, which the Delchev, a 19th century Macedonian revo- Bulgarian Helsinki Committee (BHC) car- lutionary. The police confiscated their ban- ried out during the second half of 2005, re- ners, a poster and a wreath. Moreover, a vealed widespread corruption practices in number of UMO Ilinded activists were at- some media, including the acceptance of tacked by unidentified individuals on their payment in exchange for certain articles or way out of Blagoevgrad near the village of programs. The prevalence of corruption Chernice. The UMO Ilinden members sub- practices reflected the financial depend- sequently lodged complaints with the dis- ence of the editorial bodies of some media trict prosecutor’s office in Blagoevgrad and on certain economic and political circles. with the regional military prosecutor in Sofia. In October, the latter declared that Freedom of Association and Peaceful no crime had been committed, a decision Assembly which was upheld upon appeal by the Sofia appelate prosecutor’s office. In 2005, the ECtHR delivered three judgments against Bulgaria in which it There were also other cases during found violations of the right to freedom of the year in which the right to peaceful as- association and peaceful assembly (article sembly was violated. 11 of the ECHR). All three cases had been N On 22 August, the mayor of Varna filed by Bulgarian Macedonians. On 20 banned a gay parade under pressure of a IHF REPORT 2006 HUMAN RIGHTS IN THE OSCE REGION 102 BULGARIA civil committee from two neighboring which was expected to strengthen the en- bishoprics. forcement of court judgments. In September, new legislation was adopted N In several cases in July, September, establishing a comprehensive legal aid sys- and November, authorities and private se- tem, which greatly broadened the scope of curity companies reportedly used illegal available legal aid. As of 1 January 2006, force and threats to disperse the partici- legal aid will be available in criminal, civil pants in protests held in connection with and administrative cases. the relocation of garbage dump sites around Sofia. Torture and Ill-treatment In January, the ECtHR issued a judg- Independence of the Judiciary and ment in the case of Kehayov v. Bulgaria, in Fair Trial which it found a violation of article 3 of the The main problems regarding the ECHR (prohibiting torture and inhuman or functioning of the judiciary persisted. degrading treatment or punishment). The These were related to the lack of adequate applicant had been detained in the Plovdiv guarantees of the independence of courts investigation detention facility for approxi- from institutional and private interests, the mately six months, where he was held in a ineffectiveness of pre-trial proceedings in cell measuring 10.5 square meters togeth- criminal proceedings, the length of prelim- er with three other detainees, with no pos- inary investigations in criminal cases and sibility for outdoor or out-of-cell activities. the length of some court proceedings. This was the first time the ECtHR has qual- Bulgaria was criticized by the Euro- ified detention conditions in Bulgarian in- pean Commission and the governments of vestigation detention facilities as inhuman several EU member states because of the and degrading. ineffectiveness of its judicial system. Con- In June, the Strasbourg court again cerns were mainly expressed about proce- found a violation of article 3 of the Con- dural and other violations in pre-trial crimi- vention in the case of I.I. v. Bulgaria. In this nal proceedings and the lack of adequate case, the applicant had been detained for measures to fight corruption in the judicial three months in a dark, poorly ventilated system. The Bulgarian government respon- and damp cell of six square meters to- ded to the criticism by adopting amend- gether with two to three other detainees. ments to the criminal procedure code in The ECtHR held that the fact that, during June, which inter alia transferred authority several months, the applicant had to over pre-trial investigations from investigat- spend practically twenty-four hours a day ing authorities to police.
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