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Committee of Ministers Secrétariat Du Comité Des Ministres SECRETARIAT / SECRÉTARIAT SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRÉTARIAT DU COMITÉ DES MINISTRES Contact: Zoë Bryanston-Cross Tel: 03.90.21.59.62 Date: 03/05/2021 DH-DD(2021)448 Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. Meeting: 1406th meeting (June 2021) (DH) Communication from an NGO (Bulgarian Helsinki Committee) (22/04/2021) in the case of UMO ILINDEN AND OTHERS v. Bulgaria (Application No. 59491/00). Information made available under Rule 9.2 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements. * * * * * * * * * * * Les documents distribués à la demande d’un/e Représentant/e le sont sous la seule responsabilité dudit/de ladite Représentant/e, sans préjuger de la position juridique ou politique du Comité des Ministres. Réunion : 1406e réunion (juin 2021) (DH) Communication d'une ONG (Bulgarian Helsinki Committee) (22/04/2021) dans l’affaire UMO ILINDEN ET AUTRES c. Bulgarie (requête n° 59491/00) [anglais uniquement] Informations mises à disposition en vertu de la Règle 9.2 des Règles du Comité des Ministres pour la surveillance de l'exécution des arrêts et des termes des règlements amiables. DH-DD(2021)448: Rule 9.2 Communication from an NGO in UMO ILINDEN AND OTHERS v. Bulgaria. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE DEPARTMENT FOR THE EXECUTION OF JUDGMENTS 1406th (DH) MEETING OF THE DELEGATES 7-9 JUNE 2021 DGI 22 AVR. 2021 SERVICE DE L’EXECUTION 22 April 2021 DES ARRETS DE LA CEDH OBSERVATIONS OF THE BULGARIAN HELSINKI COMMITTEE ON THE EXECUTION OF THE GROUP OF JUDGMENTS "UMO !LINDEN AND OTHERS V. BULGARIA" These observations are prepared by the Bulgarian Helsinki Committee (BHC), a human rights NGO, which provided legal assistance to the applicants in most of the cases in this group, as well as to applicants who were victims in similar cases of restrictions of their freedom of association in Bulgaria. In order to facilitate the delegates' appraisal of the execution of this group of judgments, the current submission provides: • A short background to the subject-matter, the new cases and the recent developments in the execution of the judgments in this group; • A short background to the recent political and human rights developments in Bulgaria relating to freedom of association, which clarify the underlying reasons for the refusals of the Bulgarian courts to register associations of ethnie Macedonians in Bulgaria; • An appraisal, correction and addition to the information contained in the updated addendum to the Action Plan of the Government of Bulgaria, submitted on 12 April 2021 ; • Information on developments with the registration of Macedonain organisations not included in the Government's submission. 1 DH-DD(2021)448: Rule 9.2 Communication from an NGO in UMO ILINDEN AND OTHERS v. Bulgaria. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. 1. Background to the subject-matter, the new cases and the recent developments in the execution of the judgments This group of cases concems the successive refusais of the Bulgarian courts to register associations, which explicitly state in their statutes that their members are ethnie Macedonians and that their aims are related to the protection of their rights and freedoms. At present, six judgments are included in this group. They concem cases of the association "UMO Ilinden", as well as two other cases of refusais of the Bulgarian authorities to register Macedonian associations with goals similar to those of the "UMO Ilinden". Sorne of the judgments included in this group concem several consecutive refusais to register the applicant association. Altogether, since its founding in the early 1990s, the "UMO Ilinden" made more than 20 attempts to register. Each time it received a refusal. Other associations of ethnie Macedonians also made repeated attempts and received refusals. Several applications are currently pending before the European Court of Human Rights (ECtHR, the Court) involving refusais by the Bulgarian authorities to register "UMO Ilinden" and other Macedonian associations on grounds similar to those, which were considered and rejected by the Court in its previous judgments. All these refusais were based on considerations of national security, protection of public order and the rights of others and on the constitutional prohibition on associations to pursue political goals, as well as on failures to meet formai legal requirements. Sorne refusais explicitly link the threat to national security with the associations' Macedonian identity. ln its previous judgments the Court dismissed all these justifications and found violations of Article 11 of the Convention. It held that the applicants had not advocated violence or other undemocratic means to achieve their goals; that the national courts' labelling of the applicants' prospective activities as "political" in order to deny them registration was excessively restrictive and arbitrary; and that their willingness to support independent candidates in elections is a legitimate means to achieve their goals and should not serve as a ground to deny them registration. It also held that in some cases the national courts had not based their judgments on a solid assessment of the material facts. On 1 October 2020, the Committee of Ministers adopted an interim resolution on this group of cases. In it the Committee expressed deep concem and regret that despite the numerous efforts of "UMO Ilinden" and of the other associations of ethnie Macedonians in Bulgaria to register, they continue to encounter problems related to inconsistent and formalistic application of legal requirements and the Registration Agency's predominant practice not to give instructions to 2 DH-DD(2021)448: Rule 9.2 Communication from an NGO in UMO ILINDEN AND OTHERS v. Bulgaria. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. rectify the registration files, except in limited situations, as well as its failure on certain occasions to identify all the defects of registration files in its refusals; to refusals on grounds, such as the potentîai for an association promoting the existence of a "Macedonian minority" to endanger national unity and the constitutional prohibition on associations pursuing political goals, which have been systematically rejected by the European Court in the cases from this group; and to their inability to benefit from Convention-compliant registration procedures. In conclusion the Committee: • EXHORTED the authorities to ensure that any new registration request of "UMO Ilinden" or associations similar to "UMO Ilinden" is examined in full compliance with Article 11 of the Convention, as regards formal legal requirements that must be applied in a proportionate, foreseeable and consistent manner, with clear instructions to applicants if needed, and also as regards the assessment of the lawfulness of the association's goals and the means for pursuing them; • URGED them to adopt legislative or other appropriate measures to ensure broader and more effective obligation for the Registration Agency to give instructions to associations to rectify registration files, whenever this is objectively possible, so as to reconcile the Agency's practice of strict application of formal requirements with the effective exercise of the right to freedom of association; • URGED them also to convey a message and to continue their efforts to raise awareness that associations aiming to achieve "the recognition of the Macedonian minority in Bulgaria" should not be refused registration on grounds related to the associations' goals and means for pursuing them which contradict the European Court's judgments in these cases, and that such associations should not be subject to dissolution procedures on similar grounds; • INVITED the authorities to finalise their work on supplementing the guidelines for the registration officers to cover the issues examined in this group of cases, as well as the preparation of user-friendly instructions for associations and to ensure that the Registration Agency identifies exhaustively the defects of a registration file, as required under domestic law, to allow the associations to submit rapidly a registration file which meets all legal requirements. 3 DH-DD(2021)448: Rule 9.2 Communication from an NGO in UMO ILINDEN AND OTHERS v. Bulgaria. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. 2. Background to the recent political and human rights developments in Bulgaria relating to freedom of association Since the last review of this group of cases freedom of association in Bulgaria in general and freedom of association of ethnie Macedonians suffered the most serious deterioration in a generally unfavourable climate for human rights, which prevailed since May 2017, when the current government was formed as a coalition between the center-right political party GERB and the "United Patriots", itself a coalition of three nationalistic political
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