Monitoring the Right to Free Assembly

Pavleta Alexieva Aylin Yumerova Margarita Kaloyanova Radina Banova Nadya Shabani

2017 2018

#right2freeassembly A TIME TO PROTEST: THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY IN BULGARIA Research report on citizens’ right to freedom of peaceful assembly Bulgarian Center for Not-for-Profit , 2017 - 2018

“... a group of shrill women who wanted to capitalize on Authors: Pavleta Alexieva, Aylin Yumerova, Margarita Kaloyanova, Radina Banova (Bulgarian Center their children, manipulating society, bringing these – presumably for Not-for-Profit Law) sick – children out in the scorching sun and in the rain, without a Editor: Nadya Shabani (Bulgarian Center for Not-for-Profit Law) hint of a motherly feeling of care for them...”, Published in May 2019 spoken by Valeri Simeonov, Deputy Prime Minister for Economic and Demographic Policy in the Third Government of Boyko This publication has been developed within the framework of the “Support to Civil Society Organizations Borissov, on occasion of the protest of mothers of children with Continued and Expanded” Project implemented by the Bulgarian Center for Not-for-Profit Law and disabilities in 2018. financed by America for Bulgaria Foundation. The content and views expressed in this publication belong to the authors and do not necessarily reflect the views of America for Bulgaria Foundation. The monitoring report was conducted as part of the ‘Monitoring the Right to Free Assembly’ regional

The Bulgarian Center for Not-for-Profit Law (BCNL) is a foundation registered under project, managed by the European Center for Not-for-Profit Law (ECNL) The project is made possible the Bulgarian law in 2001 as a non-profit public-benefit legal entity. BCNL’s mission is by the International Center for Not-for-Profit Law (ICNL) through the Civic Space Initiative, and by the to provide support in the drafting and implementation of legislation and policies with Government of Sweden. The authors bear the sole responsibility for the content. the aim to advance the civil society, civil participation and good governance in Bulgaria. BCNL’s main activity is focused at developing and state strategies directly related to Copyright © 2019 by the European Center for Not-for-Profit Law (ECNL) and Bulgarian Center for the operation of civil organizations. Not-for-Profit Law (BCNL). All rights reserved.

Please find more information on the activities of the organization and its partners and donors at www.bcnl.org (Stock photos are provided by Unsplash) Table of Contents

I. Executive Summary 6 Bulgarian case law 25 CASE STUDIES – EXAMPLES OF EMBLEMATIC PROTESTS ORGANIZED IN II. Background and Context 11 Stakeholders 30 BULGARIA IN 2018 49 National legislation 15 IV. Administration of Freedom of VII. Recommendations 52 Assembly 30 III. Legal Framework 15 BIBLIOGRAPHY 56 Local Regulation 33 Regime of exercising the right to freedom of peaceful assembly 16 Deviations from the general notification periods 34 Role of the mayors in the procedure 18 A notification which becomes an Fees 19 “authorization” 34 Unannounced events (spontaneous Detailed notification sample forms 35 events) 19 Coordinating the route or venue 36 Restrictions on holding events under the ARMA 20 Wider Regulation 36

Amendments and unsuccessful Security guarantees and police attempts to change the Assemblies, participation 39 Rallies and Marches Act 21 V. Policing of Assemblies 39 International standards and case law 23 Media and protests 44 European Convention for the Protection VI. Criminalization of Protests 47 of Human Rights and Fundamental Freedoms 23 I. Executive Summary

The right to freedom of peaceful assembly authority and the police). in Bulgaria is regulated at a constitutional As at the autumn of 20181 we can say and legislative level in the Bulgarian legal that protests in Bulgaria have become framework – in the Constitution of the commonplace. At least one protest is covered Republic of Bulgaria and in the Assemblies, on a daily basis in news reports – with demands Rallies and Marches Act (ARMA). Most for better social policy, the resignation Bulgarian municipalities have further of a minister, rehabilitation of the urban developed secondary legislation, most often environment, mountain protection, stopping in the form of municipal public order the construction of specific buildings, etc. ordinances. Counter-protests are also a concomitant event, In view of the legislative norms and which is practically even naturally expected. implementation practices, the right to Despite the lack of official statistics, we can say freedom of peaceful assembly in Bulgaria that in Bulgaria, it is evident in recent years that has been regulated in accordance with the “protesting” is a common way of expressing international standards set out in numerous a civil position. Administrative obstacles are international documents. If there have been relatively few and fragmented in practice, “deviations” any , the reasons are due mostly so we cannot conclude that this right is not to the different practices of implementation exercised freely and democratically. Although, of the procedure at the local level, where not all municipal public order ordinances there are no express regulations, and in most provide a clear and specific algorithm of all cases through administrative duties and the the necessary actions that the citizens should imposition of penalties for non-compliance take to organize a meeting, rally or march, with them we can observe a transition municipal administrative staff and police “notification” “authorization- from a to an provide the necessary assistance to citizens based” regime for organizing the event. to exercise their right to right to freedom of This shortcoming allows the introduction of peaceful assembly. At present, objective and subjective and discretionary practices in the concrete threats to the exercise of the right to provision of the necessary assistance by the legally obligated state authorities (the local 1 The analysis of the legal framework is as at 2018.

- 6 - - 7 - © Anastas Tarpanov peaceful assembly cannot be identified. 6. Case studies – interesting and emblematic administrations3. protection is ensured – the guarantee that if The present report reviews the legal, political examples of protests, which have taken • Direct observations – attending and there is a deviation in the interpretation of its and social environment in which the right place over the past few years, with important taking part in 12 peaceful assemblies, held content, a sufficient number of instruments to freedom of peaceful assembly in Bulgaria highlights drawn from them, feedback during the research period and presented are provided to restore the situation that the was exercised between 2017 and 2018. Our from stakeholders and their reflections on as emblematic cases in the present report. legal norm has intended. Last but not least all issues related to the exercising of the observations and findings from this period • Conducting validation meetings – after is the public acceptance and the critical view right to freedom of peaceful assembly, lead to the conclusion that in Bulgaria there the all 12 peaceful assemblies attended we of this right – where should the delineation have been the leading instrument of the are no serious threats, restrictions, neither were conducting validation meetings with line be and how are the people exercising it study; obstacles to the exercise of this right by the monitors and research team to present the perceived as a whole? Bulgarian citizens. 7. Comments, conclusions and cases, discuss reflected observations and The content of this study includes: recommendations – each section to reconcile the accumulated impressions. includes comments, conclusions and 1. Political and social context of the exercise recommendations on the legislative For the purpose of this report, the authors of citizens’ right to freedom of peaceful framework, its enforcement by the of the study have used different synonyms assembly; institutions and the effect on the people to present the main subject of the study 2. Legal framework – the primary legislation exercising the right to peaceful assembly. – “protest”, “public assembly”, “rallies”, and secondary legislation at the local level Regarding the methodology, several research “assembly”, “march” – but all of them express (municipal ordinances). The “prism”, through methods have been used in the course of the and derive from the right to freedom of which the legal framework is studied, study: peaceful assembly, namely – a temporary raises issues about the extent to which the assembly of a group of persons in a public Bulgarian legal norms provide guarantees • Materials research – studying legal acts, place in order to express a common position. in accordance with the international templates, procedures, sample forms, standards; whether the ordinances at the information pages and official websites; We would like to underline that freedom of local level “further develop” the legislative • Collection of key examples of peaceful peaceful assembly is a right, in order to avoid framework lawfully or not; to what extent assembly, held over the last 2 years a divergence in the starting position of analysis the specific instruments for exercising (2017 and 2018) and their presentation as of the right to freedom of peaceful assembly. the right correspond to the objectives of emblematic cases; It is an individual human right, guaranteed the legislation. The case law illustrating • Conducting interviews – 20 interviews in the Bulgarian Constitution, in a number the standards of law with regard to law held with different stakeholder groups: of international acts affecting human rights enforcement and the passing of a fair Protest organizers, participants in protests, and in the Bulgarian Assemblies, Rallies and judgment in case of a dispute has also representatives of the law enforcement Marches Act. As evident from the report itself, been commented upon separately; authorities, representatives of the proclaiming the right is the first most important municipal administration and citizens; and necessary step to build its construct. 3. Procedure for holding peaceful The next, no less important, element is how assembly in Bulgaria – law and regulation • Collection of data from requests for enforcement practice at the local level; access to information under the Access 3 A total of 10 responses have been received out of 12 requests for access to public information sent to to Public Information Act: 10 answers 4. Police control of peaceful assembly; municipalities in the country. The municipalities, which have collected2 from Bulgarian municipal responded to the requests under the APIA, are: , 5. Sanctions related to the exercising of the Municipality, , Varna, Vidin, Stara Zagora, 2 The information with statistic data was provided by , Yambol, Montana, Rousse. The municipalities, which right to freedom of peaceful assembly; 10 Bulgarian multiplicities under the Access to Public did not respond to the requests submitted under the APIA, information Act (APIA) for the calendar year 2017. are: and Bansko.

- 8 - - 9 - II. Background and Context

The study in this report builds entirely on the pressure,” representative of a state contemporary understanding of the sense and institution. meaning of the right to freedom of peaceful • The complexity of the right to freedom assembly in democratic Bulgaria and its legal of peaceful assembly presupposes regulation in the current legal and regulatory the exercising of other civil rights too, framework: through which messages and positions • The right to freedom of peaceful assembly are expressed – for example, the right has been regulated in Bulgaria at the to freedom of association, the right to legislative level as a basic constitutional freedom of speech, etc. right. The right to freedom of peaceful • Anti-political attitudes often reinforce assembly is a complex right and includes the intention of expressing one position various opportunities for public action. It alongside others on the street; exercising is a vital and indispensable element of the their right to freedom of peaceful assembly, existence of any democratic society. people realize their last opportunity to • The abovementioned characteristics place participate in the public debate, whether the right to freedom of peaceful assembly they participate in political parties or among the so-called first-generation not; however, they are often “involved” human rights, which are of utmost in purely political struggles, which they importance for the democratic governance eventually find disappointing with the of the country and have an empowering long-term outcome. effect on society – by exercising it, citizens “... so many years spent on the place important political demands (for a same square make you ask change in certain policies) on the agenda, yourself the question: ‘Why?’,” a and due to its nature, there is broad protest participant. media coverage of and a sharp focus on significant public affairs: • Despite the numerous protests in Bulgaria, “Protests are currently the only some specificities of modernity should way people recognize for civilian also be taken into account – it is easier to gather thousands of people online

© Anastas Tarpanov - 10 - - 11 - while offline activity has been dropping According to the organizers of the protests also the fact that ordinary citizens are wasting show that the mature adults consider the manifold. considered in this report, the most difficult too much energy “defending causes” on the protest as a field for expression of the citizens’ “... you waste energy in social thing is to stimulate the ordinary citizen to Internet, due to which “not much energy is left rights of the young. A great part of the elder networks, but not on the street declare his or her position as a member of for the street”. non-participating citizens are engaged in helping their relatives and not an insignificant where you should. People post society by taking part in the protest. The stakeholder institutions interviewed, a Facebook video and expect a Regarding the culture of protest, the organizers to whom protesters’ requests have been number of them are forced to continue working reaction, but do not file a report of and participants at events under the ARMA directed, said that they thought the (despite having reached pensionable age), offline – following the institutional consider that such has only recently started responsible authorities were in fact influenced resulting in a lack of time and resources for procedure for that – with the being built in Bulgaria. Some of the organizers by the protests, because most of the processes elder citizens to take part in the events under competent authorities,” a protest (mainly nature preservation organizations) happened under pressure from citizens, but the ARMA subject to this report. The non- organizer even strive to foster this culture by holding an this lead to untimely and poorly implemented participation of younger citizens in protests is mostly grounded in the belief that they are An important element in the realization of information campaign (mainly on Facebook) reforms. They argue that when the an ineffective means of achieving change – the right to freedom of peaceful assembly prior to each and every protest to raise public administration acts under pressure and stress mainly because of the split in our society, the in Bulgaria are the specific mechanisms used awareness about how a protest takes place, and when demands are made, without a well- lack of personal ownership of the cause and for applying the rules, the attitudes towards what is acceptable and what is unacceptable structured bilateral dialogue in place between the routine that the protest turns into (“those them and the feedback shared by the different behavior on the part of the participants, how the parties with calmly discussed proposals for in power become resistant to your protest”). stakeholders with regard to and during the to behave in case of aggressive behavior by alternative actions, there is no way to arrive And there is another category of people who events under the Bulgarian Assemblies, Rallies the police. Of course, there have been cases at the adoption of strategically thought-out have been active participants in protests in the and Marches Act4 (ARMA) and in the long run of mass participation of citizens in protest and workable solutions with long-term effect past but are currently not involved at this time, – the effect they have achieved. The points actions: about 10,000 citizens have, according but only at temporary piecemeal solutions mostly because of the built up disappointment, of view of four main groups are significant to information provided by environmental to problems and unsustainable results. In disillusionment and lack of real results, on the for the realisation of the right to peaceful organizations, joined the protest wave for this sense, the feeling of the interviewed one hand because the competent authorities assembly and its “success”: 1) organizers; protection of the Nature Park and against institutions is that the very culture of protest do not provide effective solutions, and on the 2) participants; 3) institutions; and 4) the construction of a new gondola lift on its in our country is underdeveloped due to 5 other hand, because the protesters themselves non-participating citizens. The feedback territory , a number which is even higher than which the protests that are being staged put pressure, only state their demands and from these stakeholders creates a sense of that of the citizens who took part in the mass do not achieve their desired impact, as they do not accept dialogue (according to most satisfaction in the exercise of this right (from protests from the end of 2012 and in 2013. Only individually impose a momentary pressure interviewees). the view point of organizers), adoption of the a small number of people however participate on the administration and cannot lead to the role and tasks of guaranteeing the exercise in them, according to protest organizers in adoption of a sustainable strategic policy and The data collected from ten Bulgarian 6 (the institutions and bodies which have been Bulgaria. “With time and after reading texts long-term problem solving. municipalities under the Access to Public in sociology and statistics, you learn that if entrusted with such powers), and, why not, The pages of the report which follow examine Information Act regarding the assemblies, you want to enter the evening news you have those who are not directly involved, but are in greater detail the role of the staff in municipal rallies and marches held on the territory of the to organize the protest after business hours, observers (the other citizens and the public). administrations when protest notifications are respective municipality for the calendar 2017 between 18:30 and 19:30, for no more than made, their possibility to join protests and show the following: The major challenges organizers of events an hour or two, because people would start under the ARMA are facing are to manage to the cases in which they may refuse organizers • The total number of notifications for the dispersing, and on certain days,” the organizers assemble and motivate people to participate. the holding of the events for which they have holding of assemblies, rallies and marches shared with us. They see as problematic not submitted a notification. only the lack of time for citizens to protest, but 6 The municipalities, which have responded to the requests 4 Bulgarian Assemblies, Rallies and Marches Act (ARMA) was As for the citizens who have not participated in under the APIA during the calendar 2017, are: Blagoevgrad, promulgated in February, 1990. The text is available online in Sofia Municipality, Plovdiv, Varna, Vidin, Stara Zagora, Bulgarian version here - www.lex.bg/laws/ldoc/2132284419 5 See Case III. the recent protests in Bulgaria, the interviews Kavarna, Yambol, Montana, Rousse.

- 12 - - 13 - during the calendar year 2017 submitted to 10 municipalities has been 716; • There has been only 1 refusal to hold an event under the ARMA out of a total of 716 notifications submitted; • The main topics of the assemblies, III. Legal Framework rallies and marches held have been very diverse – dominated by ecological and environmental themes, socio-economic issues, political in nature, related to commemorations and celebrations; In the Republic of Bulgaria the right to There is no legal definition in the constitutional • There is no official information on the freedom of peaceful assembly is regulated text, as well as in the laws in force in Bulgaria, number of events held under the ARMA at a constitutional and legislative level in the of what specifically the right to freedom of where violence has taken place and legal framework – in the Constitution of the peaceful assembly includes – the content of the authorities have resorted to police Republic of Bulgaria, promulgated in July, the right is derived from the disposition of the intervention. The only information 1991, and in the Assemblies, Rallies and legal norm itself. The secondary legislation available is that the presence of Interior Marches Act (ARMA) promulgated in February, (municipal ordinances) use the term “public Ministry employees has been ensured for 1990, and the Acts for its amendments from event”. For example, in the Supplementary all events. This is due to the fact that the January, 1998, and March, 2010. Most of Provisions of Municipal Ordinance No. 1 competent police authorities do not keep the municipalities have further developed on Ensuring Public Order, Protection of the statistics on the number of cases in which secondary legislation in the form of municipal Environment and the Property on the Territory the police officers have taken a stand public order ordinances. of the Municipality of Kavarna the term during assemblies, rallies and marches. “public event” has been defined as“an activity National legislation organized and conducted by state or municipal authorities, legal entities and natural persons The right to freedom of peaceful assembly at places accessible to an unlimited number of is one of the fundamental political rights persons” guaranteed at the constitutional level, as . proclaimed in Article 43 of the Constitution of As regards the terms “assemblies”, “rallies”, and the Republic of Bulgaria. “marches” – the forms through which the right Art. 43. (1) Citizens have the right to assemble to freedom of peaceful assembly is exercised peacefully and without weapons at rallies and – there is also a lack of legal definition. The marches. meaning of these concepts is derived through interpretation. According to the legal theory7 (2) The procedure for organizing and holding these forms of exercising the right to freedom assemblies and marches shall be determined by of peaceful assembly are defined as follows: law. • Assembly – outdoor or indoor event at (3) Indoor meetings shall not require which citizens discuss topical political authorization.

7 “Constitutional Law”, Prof. Stefan Stoychev, p. 257

- 14 - - 15 - and other issues and form opinions about Assemblies, Rallies and Marches Act (ARMA). paragraph may be done with a one day’s notice. is undoubted evidence that they: them. This type of event is for organizing It contains no legal definition of the individual The notification system includes the obligation 1. Are aimed at forcibly modifying the social interaction; forms of exercising the right to peaceful of organizers to inform the mayor of the constitutionally established order or • Rally – a mass outdoor gathering, at which assembly. Under to Article 3 of the ARMA: municipality on the territory of which it is compromising the territorial integrity of the “Citizens may express opinions, views and citizens form and express their attitude on to be held in writing at least 48 hours, or in country; sentiments on issues of political, economic, important public issues; urgent cases – within one day (for assemblies social, cultural or other nature at assemblies, 2. Jeopardize the public order in the respective • March (or “a rally on the move”) – citizens and rallies) – and 72 hours, or in urgent cases rallies and marches, through speech, posters, town or village; walking along public places to express an – within two days (for marches) – prior to the images, or in another appropriate manner,” 3. Jeopardize the public health in case of a attitude on a particular issue in public life. start of the event, indicating the organizer, the which outlines the content of the very right to preliminarily announced epidemic situation; As can be seen from the above, the main purpose, place and time of the assembly, rally freedom of peaceful assembly. difference between the three forms is that or march. 4. Violate the rights and freedoms of other citizens. assembly and rally are static events, while Regime of exercising the right to The notification system does not apply to marches are dynamic. freedom of peaceful assembly indoor events. Because of its nature, such Where the time and place of the assembly, rally Regarding the regulation of the individual events, which can be held indoors, are the or the route of the march create conditions for The procedures and guarantees for organizing forms of exercising the right to freedom of only meetings. The Assemblies, Rallies and violation of the public order or endangering and holding the forms of exercise in Bulgaria peaceful assembly, it is similar for the three Marches Act explicitly states about them, that traffic safety, the mayor of the municipality has of the right subject to this report are provided types of event – the procedure for holding that indoor meetings do not fall within the to propose their change (Article 12, Paragraph for under the ARMA. The right to freedom 9 them is regulated by law, and imposing scope of the special regulation. 1 of the ARMA). It remains a moot point to of peaceful assembly includes the right of restrictions on this right by a statutory act is At the statutory level in Bulgaria there is no what extent this norm corresponds to the citizens to freely choose the time, place and not permitted. requirement for any act to be issued in constitutional text in so far as it may appear manner of holding the respective event in to interfere with the right of citizens to freely According to the text of the Constitution Sight and Sound response to a notification, but if one of the line with the Principle – the choose the time, place and method of holding of the Republic of Bulgaria, organizers of legally established grounds for banning an right to be heard and seen wherever you the respective event. What is more, the assemblies and rallies may be citizens, this event is in place, municipality mayors have want. The Bulgarian legislation envisages the application of a restrictive interpretation of the term practically including any individual (as a 24 hours within which to issue a (written and application of a notification regime (Article 8 norm of Article 12, Paragraph 1 of the ARMA synonym for a natural person)8, and not just outdoor motivated) Denial Order. In the meantime of the ARMA) for the organization of leads to the conclusion that if the organizers having the narrow meaning of the concept they need to collect the necessary data to assemblies, rallies and marches. This situation do not agree with the changes proposed of citizen (resident of a state). Furthermore, ground his order. The power of the mayor is in line with international standards for by the mayor and there are no grounds for organizers can be associations, political to deny the holding of an assembly, rally or providing guarantees for the exercise of the denying the event explicitly provided for by parties and public organizations (there is no a march in case of a reasonable presumption right to freedom of peaceful assembly. the law, the mayor should not be able to deny definition in the law as to what is meant by or a real danger of a criminal act is explicitly Article 8. (1) In order for an outdoor assembly the holding of the assembly, rally, or march. a public organization, but it should certainly provided for in Article 12, Paragraph 2 of the or rally to be convened, the organizers shall include non-governmental organizations and ARMA, containing an exhaustive list of the The possibility of coordination between within no less than 48 hours of the start notify other types of legal entity). grounds for prohibition: the mayor and the organizers of a possible in writing the mayor of the municipality on the Art. 12. (2) The mayor of the municipality may change in the time, place and/or route of the The main law governing the procedure for territory of which it will be held, indicating the deny the assembly, rally or march where there events is expressly provided for in the majority holding the above-mentioned events is the organizer, the purpose, the place and the time of the secondary pieces of legislation issued of the assembly or rally. 9 Pursuant to § 1 of the Additional and Final Provisions of 8 This approach of the Constitution of the Republic of the Assemblies, Rallies and Marches Act “This Act shall not by municipalities in the case of submission of Bulgaria has been adopted in other texts too – Art. 44 of (2) In urgent cases the notification for the apply to weddings, family and other celebrations, cultural and more than one notification for the organization the Constitution – the right of association, Art. 45 of the sporting events, funeral rituals, religious rites and the like, as Constitution – the right to lodging complaints. outdoor assembly or rally under the preceding well as for any indoor meetings.” of public events by different organizers for the

- 16 - - 17 - same time, place, route or intersecting routes. of peaceful assembly (for example, in the Fees have been some cases in which protests have organization of a peaceful assembly without been organized without the rules for notifying No fees have been envisaged pursuant to Role of the mayors in the prior notice) or in case a crime is committed the local authority having been followed, the ARMA for holding assemblies, rallies, (for example, in the case of hooliganism), but this has not led to administrative penal procedure and marches. However, if there is product the general mechanisms established for consequences (or at least whether sanctions The mayor of the municipality shall contribute placement and advertising of commercial sanctioning these acts are triggered by have been imposed is not known). Practice has to the normal holding of the event and to the companies during the event, the law provides the imposition of administrative criminal shown that if it is impossible to find out who maintenance of public order. The mayor shall for the payment of fees in general. This means sanctions, indictment, etc. When giving an the organizer of the particular spontaneous immediately notify the Ministry of Interior that if the organizers of an event under the order to ban the holding of the assembly, rally, event is, there is no liable person under the (MoI) both about the holding or non-holding ARMA admit the positioning of commercial or march on one of the grounds under Article administrative or criminal law to whom the the event. In practice, the mayor has exclusive products, brands, logos, and advertisements 12, Paragraph 2 of the ARMA, the mayor has statutory sanction shall be imposed. In view powers not only to assist, but also to ensure at the event, they shall pay the fees for discretionary powers, which means that the of the above, spontaneous assemblies, rallies, the conditions for the normal course of the advertising in public. mayor has the right to independent judgment and marches should be possible to hold, event and, if conditions for violation of the as to what specific decision to take. The ban subject to the general grounds for termination public order are in place, to issue an act to stop Unannounced events shall be imposed by a motivated act within under Article 12, Paragraph 2 of the ARMA. the event. By virtue of Article 13, Paragraph 1 24 hours of the notification. This short time (spontaneous events) of the ARMA, the mayor of the municipality There is no explicit regulation of counter- for the mayor to react is a good legislative There is no special regulation of spontaneously shall terminate the assembly, rally, or march protests in the law, which implies that the solution as it allows the organizers very shortly organized events in the Bulgarian legislation. when they are not organized or if they are not arrangements for them are the same. It is after submitting the notification to focus their These events are governed by the general held pursuant to and following the procedure another matter that the lack of regulation of efforts to take the necessary actions to ensure regime. Failure on part of organizers (citizens) established by law. However, that rule is to be counter-protests often leads to conflicts. In the logistics of the event, instead of waiting for to comply with the procedure established for interpreted restrictively only in the light of the recent years there have been many attempts a long time to see if there will be a denial of holding assemblies, rallies, and marches under explicit termination hypotheses listed, and not in Bulgaria by citizens and groups of citizens the event right before the event. The organizer the ARMA is subject to an administrative in the case of a purely procedural violation, (including representatives of political factions of the assembly, rally, or march may appeal penalty – a fine – by law10, and some municipal for example – in case the notification has not and football fans) to sabotage the holding of a the denial to the respective administrative ordinances even expressly envisage the 12 been submitted. protest or march by other groups of citizens . court within 3 days as of receiving the ban. imposition of an administrative penalty in the This is done requesting an anti- or counter- An important element of the legal framework The appeal shall not stop the execution of the form of a pecuniary sanction for organizers protest at the same time and place, as well as concerning the right to freedom of peaceful order. The court shall rule on it within 24 hours. which are legal entities. Despite the sanction by “booking” a large number of days for an assembly is also an explicit norm in the law The court’s judgment shall be announced regime established by law, there have been event which is not actually held, only to avoid (Article 4 of the Law on the ARMA), which is an immediately and be final. few cases of imposition of fines due to another event being held13. additional guarantee for the realization of the If, within 24 hours of receipt of the notification violation of the notification regime set out in right to protest in Bulgaria. According to the Many municipal ordinances expressly regulate of the event, the mayor has not collected the ARMA and in the specific local level public text of the law, citizens may not be prosecuted 11 the hypothesis of several notifications sufficient evidence that one of the grounds order ordinance . On the other hand, there and punished for organizing and participating received from different organizers about the for the denial is in place, the event should be in assemblies, rallies, and marches, and for 10 Pursuant to Article 14, Paragraph 1 of the Assemblies, holding of different events at the same time, possible to hold. The power to issue a denial Rallies and Marches Act “Citizens and officials who breach the their opinions, views and sentiments, unless procedure established and guarantees provided for organizing order may not be delegated to other officials, they constitute a crime or other offense. and holding assemblies, rallies and marches shall be 12 For example, when the was organized in 2017. punishable by a fine of 50 to 300 lev, unless they are subject to i.e. the mayor may not assign the exercise of 13 According to local government officials, this is one of the a more severe punishment.” Thus, in the event of a violation of the statutory this power to another official of the municipal weaknesses of the law, because the local authorities often order established for holding one of the three 11 Please, see the examples given in the International do not know how to “reconcile” the different organizers, administration. Standards and Case Law Section on page 23 et seq of the including when it is clear that there is a threat of escalation forms of exercising of the right to freedom present report of tensions and potential risk of breach of peace.

- 18 - - 19 - place and with the same route. In such cases, • To submit a notification containing the participating and non-participating in the in the State Gazette, respectively, in Issue No. where notifications have been submitted relevant information within the term events. Citizens who are masked in a way 11 of 29.01.1998 and in in Issue No. 24 of for the same day and for the same route prescribed by law; that makes them difficult to recognize are 26.03.2010. or location by two organizers, the general • To take the necessary measures to respect forbidden to take part – this prohibition • The first amendment concerned the principle is that the administration should give the procedure for holding events and traffic concerns the accountability of these adoption of the Lev Denomination Act priority to the applicant who has submitted safety on the route of the event (in the case citizens for damages caused by them or (SG, Issue No. 20 of 1999, Supplemented 14 their notification first. The route of the event of a march) ; for offenses/crimes committed during the in Issue No. 65 of 1999, in force as of notified chronologically later is redirected so • Not to violate the public order; course of events. 5.07.1999) and reflects the obligation for as to bypass the other or the venue is changed. • Not to violate the rights and freedoms of • Territorial constraints – A so-called all numbers in old levs, indicated in the Although this situation is regulated in a similar other citizens; “security zone” has been introduced with laws enacted before 5 July 1999 to be way in almost all municipal ordinances, which the 2010 amendments (not less than 5 • To protect the public property. replaced by such numbers in new levs are further developed by the legal regulation, and not more than 10 meters from the which are 1000 times lower than the old there are also some differences in this respective building) around the buildings levs. respect. For example, the ordinance of Sofia of key national institutions (around the • Initiatives for a second amendment to Municipality provides for a special practice Restrictions on holding events buildings of the National Assembly, the the ARMA were taken in 2009 when two according to which, if several notifications under the ARMA Presidency and the Council of Ministers, as separate bills were tabled in Parliament: 1) have been received before the expiration The limitations under the ARMA are intended well as in close proximity to military sites). ARMA Amendment Bill, submitted by of 24 hours since the first notification, the to ensure the smooth running of activities in Citizen participation and territorial constraints Ivailo Toshev, Emil Radev and Krassimir relevant municipal administration authorities compliance with the law. The limitations are comply with the international standards Tsipov (GERB Political Party); and 2) shall help the organizers concerned reach explicitly mentioned in the normative texts of because they are provided to preserve of public ARMA Amendment Bill, submitted by an agreement for conducting the planned Article 5, Article 6 and Article 7, Paragraph 2 of order, the life and security of other citizens the member of parliament Yane Yanev events without conflict in different times or the ARMA: participating and non-participating in the (Order, Law, and Justice Political Party) places, and in case agreement is not reached, events and to prevent of material damages on and a group of members of Parliament. the municipal administration authorities shall • Time constraints – Assemblies, rallies, and key national institutions. However, regarding The proposed amendments came after a ensure that the public event, for which the first marches are prohibited during the night the time constraints, we find that this limitation series of convictions by the European Court notification has been received, takes place. hours (from 10 pm to 6 am) for preserving is contrary to international standards, as it is of Human Rights in Strasbourg against Another special practice has been developed public order and ensuring the peace of possible for a protest taking place between 10 Bulgaria for violation of Article 1115 of the in the ordinance of the Municipality of Varna, other citizens who do not participate. This pm and 6 am not violate public order. European Convention for the Protection of according to which, whenever more than one constraint is the so-called “blanket ban”. Human Rights and Fundamental Freedoms, notification has been received for holding of • Citizen participation constraints – The Amendments and unsuccessful which, although not making specific public events by different organizers for the presence of people carrying weapons attempts to change the recommendations to the Bulgarian state same time, place, or route or with intersecting or other objects that could be used to to bring its domestic legislation in line routes, the matter is settled by mutual consent endanger the life or health of others, or Assemblies, Rallies and Marches with international standards, provide the of the organizers, supported by the mayor of to cause material damage, as well as the Act Bulgarian ruling elite the opportunity to the municipality. presence of people who are intoxicated, The Assemblies, Rallies and Marches Act (ARMA) are forbidden. These constraints are once think about how and with what legislative Minimum requirements for organizers was adopted in 1990 and promulgated in the again related to the preservation of public amendments the mechanism of exercising to comply with before and during the State Gazette (SG), Issue No. 10 of 02.02.1990. order, the life and security of other citizens the citizen’s right to freedom of peaceful organization and holding of the events under The act was subsequently amended twice. The 15 Some of these solutions and the reasons for them have the Assemblies, Rallies and Marches Act: 14 Pursuant to Article 11, Paragraph 2 of the Assemblies, amendments were adopted by the National been discussed in the International Standards and Case Law Rallies and Marches Act. Assembly and entered in force, promulgated Section on page 23 et seq of the present report.

- 20 - - 21 - assembly can be improved. But instead marches – was required. The ban extends over the ban on holding assemblies, rallies, and • A year later, in 2015, MP Valeri Simeonov of introducing more guarantees for the designated area around the National As- marches in the security areas around the (National Front for the Salvation of respecting the citizen’s right and freedom sembly and the areas close to military sites as buildings of the National Assembly, the Bulgaria Political Party) and a group of of peaceful assembly and marches, part of well as over the areas around the premises of Council of Ministers and the Presidency (both MPs proposed that the assemblies and the changes (specifically those proposed the Presidency and the Council of Ministers. texts proposed by MP Yane Yanev, Order, Law, rallies be held in the . by the member of Parliament Yane Yanev) Citizens and trade unions have expressed the and Justice Political Party). As it was mentioned above, after the last their right to peaceful assemblies and quite to the contrary – restrict even more view that Another 5 amendments to the ARMA were amendments in the ARMA, adopted in March, marches is hindered the exercise of this right. in this way, since their initiated in the years to follow but they were 2010, currently, there are no other amendments After first-reading adoption of the two bills possibility of directly addressing their requests not adopted by the Parliament: and improvements being considered by the individually by the 41st National Assembly, the to the institutions responsible for taking the government, neigther by individual MPs. • In 2004 the Council of Ministers with Committee on Homeland Security and Public respective action is ruled out. Prime Minister Simeon Saxe-Coburg- Order approved and proposed a consolidated International standards and case Another demand was to revise the text Gotha (National Movement for Simeon text of a Bill for Amendment to the Assemblies, concerning the increase in the notice term II) tabled a Bill for Amendment and law Rallies and Marches Act (BA to ARMA) for a for convening an outdoor assembly or Supplementation in the following areas: An important part of the analysis of the quality second reading. The main changes referred rally from 48 to 72 hours. This increase was Updating terminology; complementing of the legal framework is related to checking to: Updating the terminology, increasing perceived by the public as a kind of restriction the list of types of institutions (military sites to what extent the international standards the notice terms for organizing assemblies, of the rights and freedoms of citizens and a and medical institutions) around and in have been properly interpreted in the national rallies, and marches, defining the territorial reason for postponing the public response to which events under ARMA are prohibited; law and, most importantly, to what extent law scope of the security zones around the major issues of public concern. prohibiting the use of motor vehicles when enforcement can achieve justice in case of National Assembly, the Council of Ministers holding events under the ARMA; breached exercise of the right. and the Presidency, and introducing fast legal The reasoning of the presidential decree in- “the law shall ensure a balance proceedings in appeals of denials for holding cludes that • Seven years later, in 2011, MP Hristo between the possibility of free and peaceful European Convention for the assemblies, rallies, and marches. Bisserov (Movement for Rights and expression of civil society and the normal func- Freedoms) failed to pass an amendment Protection of Human Rights and

The Consolidated version of the BA to ARMA tioning of the supreme institutions. The high- related to prohibiting events under the st Fundamental Freedoms was adopted by the 41 National Assembly est level in the hierarchy of democratic values ARMA around religious and ritual temples The provision of Art. 11 of the European on 21 January 2010. Subsequently, howev- is guaranteeing civil rights and freedoms, and and institutions; er, by Decree No. 15 of 2 February 2010, the Convention for the Protection of Human Rights any necessary restriction may and shall only be • In 2012, MP Ognyan Yanakiev (Ataka President of the Republic of Bulgaria Georgi and Fundamental Freedoms (the Convention) regulated by law. These limitations may not be Political Party) and a group of members Parvanov (Bulgarian Socialist Party)16 vetoed clearly regulates the content of the right to of such a nature as to invalidate or make it im- of parliament proposed that assemblies, the bill and it was referred back for reconsid- peaceful assembly together with the right of possible to exercise the civil rights guaranteed rallies, and marches be held only in eration and discussion by the National Assem- association: by the constitution.” Bulgarian language; bly as a result of a public response provoked 1. Everyone has the right to freedom of peaceful against two of the changes and widespread Following its review in plenary on 17 March • Two years later (in 2014) MP Volen Siderov assembly and to freedom of association st concerns about restriction of the fundamen- 2010, the 41 National Assembly adopted the (Ataka Political Party) and a group of MPs with others, including the right to form and tal rights of citizens. In particular, a revision of final Bill for Amendment to the Assemblies, introduced homophobic context into the to join trade unions for the protection of his 17 the text on the spatial expansion of the ban Rallies and Marches Act . Despite the dropping proposed provisions through of ban on the interests. of the text regarding the increase of the notice public display of homosexual orientation or on public events – assemblies, rallies, and 2. No restrictions shall be placed on the period, all other texts are retained, including affiliation and the imposition of excessive exercise of these rights other than such as 16 http://dv.parliament.bg/DVWeb/showMaterialDV. 17 http://dv.parliament.bg/DVWeb/showMaterialDV. fines for violation of the ban; jsp?idMat=29433 jsp?idMat=31235 are prescribed by law and are necessary in a

- 22 - - 23 - democratic society in the interests of national The four cases, initiated by the complainant and place, and contradictory statements by judgments concerning the implementation security or public safety, for the prevention United Macedonian Organization (UMO) Ilinden on issues perceived as sensitive. of the Assemblies, Rallies and Marches Act of disorder or crime, for the protection of Ilinden – an association based in Southwestern In addition, the Court also draws attention to (ARMA). The analysis of judgments shows health or morals or for the protection of the Bulgaria, which made several attempts to a negative trend, based on the fact that “the that the court strictly interprets the legal rights and freedoms of others. This Article organize commemorative meetings at various national authorities rely on grounds that the requirements for the right to peaceful shall not prevent the imposition of lawful locations in the geographical region of Pirin Court has at the process time already considered assembly. restrictions on the exercise of these rights by Macedonia, are emblematic. In the period to be problematic in its previous judgments” The judgments delivered under the ARMA are members of the armed forces, of the police 1994 - 2003, with a few exceptions, these and this is indicative of an “alarming disregard divided into 3 main categories: or of the administration of the State. rallies were systematically prohibited by for the judgments of the Court of Justice and • The main part of the judgments on The text of the provision of Article 11, Paragraph the authorities (Stankov and UMO Ilinden v. the complainants’ right to freedom of assembly.” Bulgaria case and UMO Ilinden and Ivanov appealed order of the mayor of the 2 of the Convention clearly states the only The Court also notes with concern that in municipality for termination or banning restrictions that may be imposed. The right v. Bulgaria case). In 1990 - 1991 and again September 2007 and in May and September in 1998 - 1999 the organization was denied of the holding an event under the ARMA to freedom of peaceful assembly is realized 2009, the police authorities hardened their (assembly, rally or march); by taking actions in public places (squares, registration by the Bulgarian court (ECHR approach by detaining participants in Ilinden’s • A smaller part of the judgments concern streets, etc.) and can cause discomfort to decision on admissibility of the complaints by meetings without relying on any grounds for complaints against the imposition of an other citizens (traffic congestion, business UMO Ilinden and others v. Bulgaria). detention and without any violent behavior administrative sanction – “fine”; and disruption, etc.), without being considered In the series of convictions against Bulgaria, giving rise to such measures. • The smallest number of the judgments violation of their interests. Events may contain the ECHR in Strasbourg found that there As a result of the abovementioned judgments appeals for action, including provocation, but was a violation of Article 11 of the European are on the substance of the texts of the of the ECHR, the second of the two successful normative acts: about the unlawfulness not call for violence. Convention for the Protection of Human amendments to the current Assemblies, Rallies Rights and Fundamental Freedoms, due to the of provisions in municipal public order Since 2001, at international justice level, and Marches Act was introduced in 2009 in ordinances at the local level. Bulgaria has been convicted 8 times by the fact that the Bulgarian court had interfered order to improve the conditions for exercising The operative part of the judgments of the European Court of Human Rights (ECHR) without justification with the freedom of the right to freedom of peaceful assembly and first group are predominantly to repeal the in Strasbourg for violating Article 11 of the association of the complainant (UMO Ilinden) freedom of association of citizens. In particular, mayor’s order to ban or terminate the event. European Convention for the Protection of to protect the rights and freedoms of the improvements include the optimization of the Among the main motives of the tribunal Human Rights and Fundamental Freedoms to Macedonian minority (Stankov and UMO procedural terms – on the one hand, the term is the existence of an explicit arrangement pay compensation to the complainant by public Ilinden case) and due to the practice of the for notifying the mayor before the scheduled of the hypotheses in which the mayor may funds18. The main reasons are related to the Bulgarian authorities to impose sweeping bans day and time for the respective event under order a ban or termination of the holding of unlawful interference with the complainant’s on UMO Ilinden’s meetings, which the Court the ARMA was reduced, as well as respectively an assembly, rally and march. The Bulgarian right to association and peaceful assembly does not consider necessary in a democratic the period within which the mayor of the court has in its judgments repeatedly stated through bans imposed by local municipalities society (Stankov and United Macedonian municipality may issue an order to deny the the argument that exceeding the legally for holding assemblies and rallies and the Organization Ilinden case, Paragraph 109, event (up to 24 hours), and on the other hand established framework within which the lack of effective internal remedies against and United Macedonian Organization Ilinden fast legal proceedings (within 24 hours) were mayor may decide whether to ban an event violations in the exercise of these rights. and Ivanov case, Paragraph 114). Among the introduced in case of appeals against bans for under the ARMA infringes not only the specific grounds for the sweeping bans imposed by holding an event under the ARMA, issued by 18 Stankov and United Macedonian Organization (UMO) local authorities, are: the lack of registration provisions of the law but also the explicit Ilinden v. Bulgaria, 2001; UMO Ilinden and Ivanov v. Bulgaria, the municipal administrations. 2005; Ivanov and others v. Bulgaria, 2005; OMO Ilinden and of the organization, the alleged threat to provisions of the Convention for the Protection others v. Bulgaria, 2006; Green v. Bulgaria, 2007; public order, the holding of meetings of other of Human Rights and Fundamental Freedoms Singartiyski and others v. Bulgaria, 2011; United Macedonian Bulgarian case law Organization Ilinden and Ivanov v. Bulgaria (No. 2), 2011, organizations and authorities at the same time (in particular Article 11 of the Convention) and 2012 The Bulgarian case law is relatively poor in the Constitution of the Republic of Bulgaria

- 24 - - 25 - (in particular Article 43, paragraph 1). In the which would occur thereafter22. In this sense, Self-Governance and Local Administration ordinance (BGN 50 (EUR 25) and BGN 30 (EUR motives of their judgments on the ARMA the issue of a ban on an event under the ARMA Act24. 15) respectively). It is a relatively alarming fact Bulgarian tribunals often refer to the case on the grounds of facts and circumstances that The Court assumes in its reasoning for these that the first of the two aforementioned cases law of the ECHR, under which the Bulgarian might arise during the holding of the event judgments that the mayor’s actions to issue an says that the protest has been “organized state is convicted to pay compensation to the may not serve as justification for denying order for the termination of the event under by it with the prior permission of the Mayor Bulgarian applicant for breach of precisely the event. According to the court, the law ARMA have been carried out in accordance of B. Municipality”, and the court has not Article 11 of the Convention. provides sufficient guarantees for the smooth with the purpose of the law – for the event to be commented in its motives that the regime is Another substantive reason in the judicial holding of the events under the ARMA, which held and for the public order to be preserved, of notification, not of authorization. grounds is the duty of the mayor of the is reflected as an addition to the above- together with the rights and freedoms of all Here we are going to pay attention to two respective municipality to motivate their mentioned reasons. citizens of the territory on which the public other cases in which the court has repealed banning orders on undoubtedly established With regard to the first group of judgments, event has been organized. penal decrees for the imposition of a fine, facts related to actions of event participants whereby the court does not repeal the mayor’s The major part of the judgments concerning on the one hand, but on the other hand, the which endanger public order beyond any order but dismisses the appeal against it, we can the imposition of a fine mention in the court once again has not commented on the 19 “authorisation by the mayor” doubt . An interesting example in the see an interesting example in the judgments operative part that the penal decree for the use of the term in reasoning of the judgments is that it is in which the court affirms that, under the imposition of an administrative sanction shall respect of the proceedings. The main reason impermissible on part of the administrative discretionary powers conferred on the mayor, be annulled for lack of sufficient evidence that for us to separate these two cases is that these body to give its own opinion on whether an the latter has taken the right decision to deny the person on whom the fine has been imposed are complaints from different individuals 23 organized event will achieve its goals – rather, the holding of an event under the ARMA . In has committed the offence25. The judgments who have turned to their respective court in 27 the mayor should stick only to pointing out the these judgments, the court puts forward the for which the court has found sufficiently connection with the same political event . In existence of the hypotheses under the ARMA motives that the mayor has rightly considered reasoned legal and factual grounds for the both cases, residents of a village in the Vidin 20 which give him grounds to order the denial . that the blocking of an important road artery imposition of a fine are fewer in number26. As Region have noticed a crowd gathering in the A specific example in which the court declared (due to the event) would jeopardize the for the last type of cases, factually, in one of center of the village, including the candidate the mayor’s order for banning the holding public order and that the concentration of the cases the protest organizer has exceeded for mayor of a certain political party and the of an event under ARMA void is the fact several public events different in nature at the the time and place announced in advance, chair of that party, with propaganda materials that the order was issued by an incompetent same place and time on the territory of the and in the other case a public event has been having been distributed. Again, in both cases, authority inasmuch as ARMA provides no respective town or village in question would organized, without prior notification of the the residents concerned have contacted the possibility for delegation of powers to impose also endanger public order and constitutes mayor of the municipality, in which a sound mayor’s administration for information on a ban on an event under ARMA to municipal grounds for the ban. Another reason for the system (megaphone) has been used. In both whether authorization was granted for this 21 administration officials . Another motive judgments rejecting the appeals against the cases the minimum fine has been imposed event to be carried out, with the municipality in the court’s reasoning is that the order to mayor’s orders lies in the control functions according to the respective municipal secretary having given a negative answer. A terminate the event under the ARMA shall be assigned to the mayor of the municipality penal decree for the imposition of a fine has based on facts and circumstances which have under the ARMA and his obligations to protect 24 Judgment as of 20.06.2013 of Administrative Court – been issued to the offenders, annulled in both arisen at the time of its issue and not such the public order, stemming from the Local Rousse under Administrative Case No. 172/2013 cases by the court (one of the cases has moved 25 Judgment No. 3366 of 9.05.2016 by Sofia Disctrict 28 Count under Administrative Criminal Case No. 20820/2015; to a cassation instance , which has confirmed 22 Judgment as of 28.03.2013 of Administrative Court – Judgment No. 4732 of 13.06.2013 by District Court – the decision of the first instance court). From Montana under Administrative Case No. 235/2013 Blagoevgrad under General Criminal Case No. 758/2013; 19 Judgment No. 61 of 14.05.2016 of Administrative Court – Judgment No. 6216 of 30.07.2013 by District Court – 27 Judgment of 7.02.2012 by District Court – Belogradchik Kardzhali under Administrative Case No. 79/2016 23 Judgment as of 11.08.2011 of Administrative Court – under Administrative Case No. 221/2011; Judgment Blagoevgrad under General Criminal Case No. 757/2013; under Administrative Criminal Case No. 331/2011; Judgment 20 Judgment No. 377 of 14.05.2017 of Administrative Court No. 810 of 19.05.2012 of Administrative Court – Bourgas 26 Judgment No. 6443 of 9.08.2013 by District Court – of 28.03.2012 by District Court – Belogradchik under – Pleven under Administrative Case No. 778/2017 under Administrative Case No. 1150/2012; Judgment Blagoevgrad under General Criminal Case No. 759/2013; Administrative Criminal Case No. 332/2011. 21 Judgment No. 5253 of 26.07.2013 of Administrative Court dated 29.08.2011 of Administrative Court – under Judgment No. 377 of 20.10.2009 by District Court – Vratsa 28 Judgment as of 24.04.2012 of Administrative Court – – Sofia under Administrative Case No. 7467/2013 Administrative Case No. 647/2011 under Administrative Criminal Case No. 1068/2009. Vidin under Cassation Administrative Case No. 82/2012

- 26 - - 27 - the legal side, the court has in both cases assemblies in the open, rallies, marches, justified the operative part of its judgment with processions and other mass public events on the substantive procedural violations when the territory of the Municipality of Rousse. the Statements of Administrative Offense had The case once again concerns the repeal of been drawn up. However, there has been no an unlawful provision in the secondary piece comment on the fact that the appellant has of legislation introducing an authorization violated the Assemblies, Rallies and Marches regime as opposed to the notification regime Act, by failing to submit a notification about provided for under the ARMA30 the event in advance. Judgments on the unlawfulness of texts of the municipal public order ordinances, regulating the procedure for holding events under the ARMA at the local level can also be found in the Bulgarian case law. In one of the cases, the court repealed a provision of the Public Order Ordinance adopted by the Municipal Council of Haskovo Municipality, which prohibits “the holding of competitions, rallies, demonstrations, religious and other mass and public events without the prior authorization of the mayor of the municipality.” The main motives of the tribunal have been the conflict with a higher- ranking legislative act (the ARMA), with a substitution of the statutory notification regime by an authorization regime, and the non-compliance with the requirements of the Normative Acts Act regarding the accurate and clear formulation of the provisions of normative acts, and with the prescriptions of the Supreme Administrative Court that rulemaking shall use a clear language (with regard to the lack of specification of the concept of “other mass and public events”)29. Another interesting example in the case law of this kind is related to the town of Rousse, where until 2012, there had been a separate Ordinance No. 19 on the conditions, the procedure and the guarantees for holding 29 Judgment as of 3.04.20187 of Administrative Court – 30 Judgment as of 17.02.2012 of Administrative Court – Haskovo under Administrative Case No. 1302/2017 Rousse under Administrative Case No. 465/2011

- 28 - - 29 - ©Julian Nitzsche - https://bit.ly/2Vq58hs • IV. Administration of Freedom of Assembly

Stakeholders • To assist in securing the route requested by the organizers and, if this is not possible, The institutions and structures which are to propose and coordinate an alternative of relevance to the exercise of the right to route with them in advance. peaceful assembly are mainly on the local level and include: • The police authorities – they ensure that the public order is generally observed, • The mayors of the municipalities – they ensure the normal course of the event on are assigned specific functions for the this basis; implementation of the ARMA, including • The courts – they have powers to resolve the obligation to “co-operate” for the administrative disputes regarding the normal running of the events: lawfulness of refused or restricted peaceful • They share the responsibility together with assemblies31. Fines are imposed with penal the organizers for taking the necessary decrees for violations of the procedure measures to comply with the procedures under the ARMA subject to appeal for holding marches and for traffic safety. pursuant to the Administrative Violations • Mayors of municipalities have the power to and Penalties Act. terminate the holding of assemblies, rallies and marches when they are not organized or conducted under the conditions and following the procedure established under the ARMA (Art. 13 of the ARMA). It is permissible for specific employees of the municipal administration designated by the mayor to impose fines and pecuniary sanctions. • The chief duties of mayors are: 31 The mayor’s ban of an assembly, rally, or march may be appealed pursuant to the special procedure provided • To assist for the safe holding of the event for under Article 12, Paragraph 3 of the ARMA – before the respective administrative court within three days, – ensuring public order and traffic safety; considered in a one-instance proceeding – the decision of the administrative court is final.

- 30 - - 31 - • The Local Ombudsmen32, and the 3. Communicating additionally with the recent years (for example, in Sofia Municipality) regulations of the subject matter at the local National Ombudsman of the Republic municipal administration – only when it is the requirement from the police to organizers level. In their ordinances, there are special of Bulgaria33 – they do not have explicitly is necessary to make changes to the time, to provide the presence of a private security sections or chapters dedicated to holding assigned functions and powers related to place and/or route of the event for reasons company (for example, Varna Municipality has assemblies, rallies or marches, as well as other the exercise of this right, but given their not dependent on the organizer; such a requirement) during the protest when mass public events. role they could be a tool for citizens to 4. Visit to the local police station for they intend to hold a larger scale event with For example, in Ordinance No. 4 on seek protection or assistance. coordination of the route and other the supposed participation of a large number maintaining and preserving public • The organizers – citizens and organizations organizational details of the event – no of people. order, the terms and procedure (political and non-political) – they have the normative basis but established as a These two negative trends lead, on the one for holding mass public events, duty to ensure the necessary measures practice – organized by the respective hand, to corruption of the notification regime protecting public and private for preservation of the order and have a municipal administration for the purpose established by law for holding an event property and cleanliness on the shared responsibility with the mayors for of preserving the public order34. under ARMA through the introduction of territory of Ruse municipality, the the protection of traffic safety. authorization regulation is contained in special In the past few years, some negative an element (with the “letter of Section V. “Terms and procedure In particular, a citizen who intends to organize trends could be observed which municipal agreement”) and on the other, to devaluation for holding mass public events on a peaceful assembly, rally, or march will have to administrations have started applying in their of the role and participation of the police in the territory of Ruse Municipality”; go through the following preliminary steps: practice, by placing additional requirements the events as the only lawfully empowered special Section IX. of The Ordinance 1. Familiarization with the regulatory for the citizens organizing protests without authority to impose order during mass public of Varna Municipality on Public documents both at the primary and having legislative grounds for that. For events. Order regulates “Procedure and secondary levels; example, after submitting the notification, Local Regulation conditions for holding assemblies, 2. Getting a sample notification form to organizers are required to receive from the 35 At the local level, the right to peaceful rallies and other mass public be submitted to the mayor (only a very municipal administration “a letter of assembly is regulated in the relevant municipal events.” small part of the municipalities in Bulgaria agreement.” Such a requirement is in practice ordinances – in the majority of cases these maintain an electronic version of the manifested as “authorization” to hold protests, In the ordinances of smaller municipalities in are the municipal ordinances which regulate notification form, some even do not have since failure to present it may lead to refusal terms of number of residents, in most cases the preservation of public order and in rarer such a form, even in hard copy medium), by the mayor and, respectively, obstruct the there is no explicit regulation or there is cases – ordinances regulating the use of respectively filling it in and registering it possibility for citizens to exercise their right to reference to the provisions of the law (ARMA). municipal property36, but there is no case with an incoming number in the record freedom of peaceful assembly. Such practice is Naturally, there are exceptions – such as where a municipality has adopted a separate keeping department of the municipality; an exception from the general rule according General Toshevo Municipality (with a total to which no administrative acts are issued in ordinance on the subject. population of 15,09737), whose Ordinance No. 32 According to *Article 21a, Paragraph 2 of the Local Self- response to a submitted notification. 1 on maintaining and preserving public order, “The ombudsman The review of the secondary legislation Government and Local Administration Act the cleanliness and public property on the shall assist for the rights and legitimate interests of the Another negative trend being established in framework regulating the right to peaceful citizens to be respected before the local self-government and territory of General Toshevo Municipality has the local administration bodies” 34 For example, following a notification to the mayor of assembly leads to the conclusion that in special provisions on the terms and procedure 33 According to ** Article 2. (Amended by State Gazette, Sofia Municipality, the municipal administration initiates a the large municipalities included within the Issue 20 of 2018) of the Ombudsman Act “(1) The working meeting with the organizer of the event and the for holding peaceful assemblies in Section Sofia Metropolitan Directorate of Interior with the Ministry scope of the study, such as the capital city of Ombudsman shall be a public defender promoting and V. “Preserving public order when holding protecting human rights and fundamental freedoms. of Interior, for which a protocol is drafted, to discuss the Sofia, Plovdiv, Varna, Ruse (Stara Zagora is an (2) The Ombudsman shall intervene by the means envisaged time, the venue, the route of the event, the profile of the exception) there are more detailed and fuller assemblies, rallies, marches and other mass in this law when citizens’ rights and freedoms have been participants in the event, their approximate number, the public events.” violated by action or omissions of state and municipal availability of internal security provided by the organizer, etc. 36 The object of study is the regulatory framework in authorities and their administrations as well as by the persons 35 For example, such practice can be observed in Sofia 12 Bulgarian municipalities which vary in size and where assigned with the provision of public services and from private Municipality, Ruse Municipality, Municipality and peaceful assemblies have been frequently organized in 37 According to data of the National Statistics Institute - entities.” others. recent years. population census of 01.02.2011.

- 32 - - 33 - In the predominant number of cases, municipal regulations by stating that the notification for a competent deputy mayor authorized by of attached documents. It can be noticed ordinances which regulate this subject matter mass public events shall be submitted both to the mayor of Plovdiv Municipality, and the that only the template of Sofia Municipality in more detail keep to the basic legislative the mayor and the units of the District Police organizers of the event are obliged to notify requires the notification to be addressed provisions. However, there are also specific Department. In Ordinance No. 1 on maintaining in writing the mayor of Plovdiv Municipality not only to the mayor, but carbon copied secondary legislation acts and reference and preserving public order, cleanliness and at least 5 (five) working days before these to the Security Directorate. The notification provisions whereby the legal framework is public property on the territory of General are held, and Plovdiv Municipality has the sample forms of Sofia Municipality and Varna exceeded – in the form of a supplement, Toshevo Municipality different notification obligation to inform RDMI-Plovdiv about the are almost identical and contain the legal specification or “additional regulation” of the periods are provided: “not earlier than 14 event separately. According to the ordinance grounds (Article 8 and Article 11 of the ARMA) subject matter, or straightforward “deviation” days and not later than 48 hours before the of Varna Municipality, the procedure and and, respectively, require the inclusion of: from some legal provisions. planned holding of the event.” conditions for granting authorization for data about the organizer, its contact details holding mass sporting events, concerts, and representing person; type of the event Deviations from the general A notification which becomes an festivals and other similar events (excluded with a sample list of various subject matters notification periods “authorization” from the scope of the ARMA) are defined of assemblies: political, social, economic; with order of the mayor of Varna Municipality. method of holding, which means the form For example, on holding marches or In the sample notification published on With regard to outdoor assemblies and rallies, of the peaceful assembly; means used; date, processions, the provisions of The Ordinance the website of Sofia Municipality (SM), and only notification is required, but Paragraph 2 venue and starting and ending times; of Varna Municipality on Public Order partially supplementing the regulatory framework, of Article 59 of the Ordinance states that “the occupied area in square meters with an overlaps with, and partially deviates from, it is specified that SM issues a letter of organizer shall provide its own or hired security attached layout of the positioning (for Sofia the general legislative provisions defining agreement in response to the application, for the purposes of preserving public order, Municipality, this needs to be approved by the a minimum period for notifying the mayor which should be received in person by the medical services and transport, if necessary.” Architecture and Urban Planning Directorate) – “at least 48 hours prior to commencement” applicant or an authorized person. In Article 5 This is in contradiction with the requirements when movable facilities are placed, as specified of the assembly or rally (Article 8, para 1 of of Ordinance No. 1 on preserving public order of the ARMA. in one of the sample application forms; and ARMA) and “at least 72 hours before holding” and maintaining the presentable state of Yambol for holding marches or processions – point the march (Article 11, para 1 of ARMA). On Municipality, there is a general regulation of Detailed notification sample of gathering, route, duration and stopping the one hand, the Ordinance refers to the the procedure and requirements for holding points; estimated number of participants; notification procedure for rallies or assemblies mass public events, sports and other forms additional data if necessary on vehicle but at the same time, it requires that the competitions (sporting events are excluded The results of performed queries about the parking; the measures to be taken by the notification period be at least 5 days before from the scope of the ARMA) outdoors (“on availability and content of notification sample organizers in accordance with the law; listing the date of holding the march, with the streets and squares”). These are held after forms for holding assemblies, rallies and a person in charge of the event with contact additional requirement of stating the starting the advance authorization of the municipal marches under the ARMA show that electronic details. Thus, the sample forms significantly and finishing point, the route, the number administration and coordination with the access to such templates is provided on the supplement the primary and secondary and type of vehicles, if any are used, as well units of Regional Directorate of the Ministry of web pages of only three municipalities – legislation in terms of content requirements. as the supposed number of participants. Interior (RDMI)-Yambol, but the procedure for Plovdiv, Varna and Sofia Municipality. The A notification to Sofia Municipality should Another example is The Ordinance on the authorization is not further specified, nor notification template on the website of explicitly state the type of the event and the protecting municipal property and public order is the legislative notification regime explicitly Plovdiv Municipality requires the inclusion main demand (purpose) of the same (which of Blagoevgrad Municipality, where the text of referred to. In the special ordinance of Plovdiv of only general information, without a is a mandatory element under the ARMA). Article 12, Paragraph 2 of Section “Preserving Municipality, there are separate provisions description of the content elements required The notification to Varna Municipality also public order and cleanliness in holding on automobile, sports competitions, by law, only such regarding personal data and includes two mandatory documents to be assemblies, rallies, marches and other mass races and other events on the streets and contact details of the applicant, a description attached – Declaration under Article 55 of public events” supplements the legislative squares held after authorization issued by of the specific request in free form and a list the Ordinance, following the template, to be

- 34 - - 35 - attached to the application and is related to interested organizers on conflict-free holding ARMA, which explicitly provides for one- the organization and additional security the liability of organizers of public events (their of the planned events at a different time or instance appeal proceedings by the organizer required by law and coordinating the obligation for such declarations is explicitly venue, and, in the event that agreement is of the respective event. activities with the police are rather a minor regulated in the Ordinance), as well as not reached, the municipal administration Although it is clear that the law provides problem compared to motivating people certificate of registration, when the organizer units provides for the holding of the public exhaustive regulation for the elements of to participate in the protest. “Ordinary is a legal person. Both notifications contain event about which the first notification was the right in a way that makes it clear that it citizens” who have not organized an a footnote with instructions on the method received. This practice carries the potential is not possible to introduce at a secondary event under the ARMA and have had of submission (where, when, to whom); the risks of possible abuse of rights in cases of legislation level restrictions or complications no occasion to get acquainted with prohibited hours for holding the event by law, intentional submission of notification for deriving from its exercise, the analysis of the procedure for organizing a protest as well as an obligation for written notification “booking” events with the aim of sabotaging municipal ordinances shows that in some have a different idea. They feel that this in the event of changes in the circumstances. specific events planned in advance by other cases elements of deviation in the direction procedure is complicated, even unclearly Only the sample form of Sofia Municipality, organizers. of additional regulation “sneak in”. Such set out – there are steps which happen in supplementing the regulatory framework, provisions are unlawful and should be repealed practice, but the formal regulation is not specifies that SM issues a letter of agreement Wider Regulation when attacked. What should be “regulated” clearly and unambiguously structured. in response to the application, which should The ordinance of Rousse Municipality regulates at the local level is only the sources where • Difficulties are encountered in the be received in person by the applicant or an the procedure for organizing and holding, and further information and details about how cases when movable objects need to authorized person. provides an inexhaustive list of other mass to exercise the right can be found, who is be used during the protests – in these public events, among which “sporting events obliged to provide this information and how. hypotheses, the procedure becomes Coordinating the route or venue held outside the respective sports facilities, On the other hand, according to interviewed more complicated for the organizers since In most cases, the secondary legislation concerts, trade shows; festivals; exhibitions and municipal representatives, the law is extremely explicit approval by the chief architect framework does not explicitly regulate the advertising and promotion outdoor events, laconic and this is the reason why it is “further administration of the town is required, as requirement for coordinating the route or donation campaigns; open petitions; public developed” at the local level, since more well as by the Green Systems Directorate venue of the peaceful assembly. However, events of religious institutions held outside the clarity is necessary as to how the state bodies with the municipal administration. almost every ordinance provides for houses of prayer; organization of circus shows, with specific powers (related to preserving • Although they find the procedure coordination between the mayor and the carnivals; processions, including religious and public order and considering the interests implementable and possible, protest organizers in the hypothesis of more than mourning ones; festive illuminations or firework of the other citizens) should act in specific organizers in Bulgaria still define one notification received for holding public shows.” With regard to the possibility to appeal situations and what measures they should the procedure for notifying the local events by different organizers at the same the prohibition for holding the events which take in advance. At the interviews we held, we authorities about holding an event time, venue, route, or crossing routes. Most do not fall under the scope of the Assemblies, received the recommendation to have more under ARMA as rather cumbersome and ordinances explicitly regulate the hypothesis Rallies and Marches Act, the issue is referred clearly defined powers on a legislative level stressful. On the other hand, protest of received notifications from several to the deadlines and procedures as per the in order to “guarantee” that the event will be organizing NGOs state that their good organizers for holding different events at the Administrative Procedure Code (APC). Under held in compliance with the law. knowledge of the procedure and skills same time, place and route of movement. The the provisions of APC, the appeal proceedings • The interviewed protest organizers in applying it are due to their experience framework is similar, but under the ordinance are two-instance ones and appeal is possible shared that they had not encountered with the procedure, and some of these of Sofia Municipality, for example, if several not only by the organizer of the mass public serious difficulties related to the legal NGOs even have legal departments notifications have been received less than 24 event, but also by other stakeholders affected regulation and the procedure for or at least legal consultants whose hours since the first notification was received, by the prohibition. This is different from the holding the events. According to them, expertise they can turn to. In this sense, the relevant municipal administration units special appeal regime for the mayor’s order the application of the procedure for protest organizers believe that while it is assist in reaching agreement between the prohibiting the holding of an event under notifying the local authorities, providing relatively easy for them to exercise the

- 36 - - 37 - right to peaceful assembly, for ordinary citizens exercising this right would take much more time and effort. V. Policing of Assemblies

Security guarantees and police and police representatives39. According to the participation information obtained at the interviews held with protest organizers, when submitting a One of the key authorities with duties related notification at the municipality, the organizers to events taking place without public order are informed by the administration that they being disrupted are the police authorities. The should coordinate the upcoming event with main regulatory acts governing the operations the law enforcement authorities or else their of police authorities are the Ministry of Interior contact details will be given to the police to Act (MIA) and the Instructions of the Ministry contact them in order for the coordination of of Interior on the patrol and post duties. The the event to take place. During the meeting ones applicable to the Municipal Police units with the police, the organizers need to present are Ordinance No. 8121з-422 of 16.04.2015 the subject of the protest, the people who will on the organization and operations of the take part, their tentative profile, the estimated Municipal Police units and the arrangements number of protesters, the route and direction in the contract between the respective of movement of the protest, etc. The organizers municipality and the respective Regional are given clarifications regarding their rights Directorate of the Ministry of Interior (as per and, most of all, their obligations – both as the Ordinance). There are no other (or at least organizers and as protesters. These guidelines none are known to the public) internal written should be passed on as instructions to the acts or specifically prescribed rules that should organizing team and clarified to the protesters be observed by police officers when guarding by the organizers. A protocol is concluded 38 citizens’ peaceful assemblies . between the two parties – organizers and the In the majority of events held under the ARMA, respective police seniors. However, it turns a meeting is held between the event organizers out that this protocol is often violated – the organizers do not provide sufficient preliminary

38 According to some of the police officers interviewed, 39 Interviewed police officers shared that minutes are drawn at every briefing on an upcoming event under the ARMA, up of the working meeting with the organizers at which the specific oral instructions are provided on the conduct of the following are arranged: conditions for holding the event, representatives of the law enforcement authorities during its internal security to be provided by the organizers, etc.” course.

- 38 - - 39 - clarifications and instructions and do not duly The main duty of police officers is to monitor might be amongst them40. their police powers. The only officially and warn the protesters about their obligations. the keeping of public order and its non- According to the operational police units, publicly known such case in recent years is These preliminary talks help experts to make disruption before, during and after protests. their role and procedures have been justified the one of police officer Veselin Denchev and the specific positioning arrangements and People’s behavior is observed and, more and regulated in the primary and secondary the infamous in Bulgaria “night of the white police officers to observe them so that people specifically, whether there are inciters, and if legislation in a sufficient and clear manner,“as bus” during the protests against the cabinet of not involved can feel safe and confident that there are suspicions of such (most often these long as there is someone to read them.”41 In this Plamen Oresharski (the evening of 23.07.2013 no extreme incidents will take place. are often recognized by police officers based respect, they believe that measures should be when the Parliament was under siege by In addition, in the course of the protest, when on their conduct) who could cause mass riots, taken to promote the laws and the obligations protesting citizens, which necessitated that necessary, communication is carried out firstthe identity of the person is established of citizens exercising their right to peaceful the members of parliament be led out of between police officers and organizers and and he or she is taken out of anonymity. If assemblies in terms of the individual types of the National Assembly building by bus, protesters. The police officers reply to queries necessary, the person is taken out of the public gatherings. which led to additional escalation of tension crowd by the police officers and if no problem between protesters and police officers). The and explain why they need to carry out a The interviews we carried out led to conclusions certain action. Naturally, police officers must is established, a protocol is drawn up. If later trial concluded with an acquittal (due to during the protest that person commits an in different directions depending on the lack of sufficient evidence that the citizen remain objective and impartial and not take a perspective: according to operational police stand on the message of the protests. offence, he or she can quickly be found based who filed the complaint was hit on the head on their established identity and the video officers directly guarding the events organized with a baton by the accused police officer Police authorities assign from available staff surveillance records. under ARMA, it would be good if stricter himself), which entered into force after the the police officers to guard the protest. Due measures were introduced to guarantee the If circumstances require it, the detailed prosecutor’s office did not appeal. The informal to the limited number of security police preservation of public order during protests, conversations we had with representatives of officers, police inspectors from district police positioning plan is modified on the move. for example. On the other hand, senior police When the protest organizers contact the the law enforcement authorities showed that departments are summoned. Due to the officials assess the protest culture of the it is almost impossible to implement criminal nature of the operation, everything should police, or the latter notice a problem, changes protesting citizen in Bulgaria as low, due to are announced on the police radio and if the liability in cases of a police officer exceeding his be carried out expediently and efficiently, lack of knowledge of the laws and viewing the or her official powers. The reason, according and police officers receive specific orders problem escalates, after it is reported, orders police as a threat. According to them, the use are awaited on how the security guards should to those interviewed, is that if proceedings and instructions in view of the nature and of force by the law enforcement authorities are instigated against a police officer for specifics of the event. For example, before proceed without allowing citizen rights to be during public events should not be viewed as violated. exceeding police powers, the judge presiding each specific protest, experts with long years a case of exceeding police powers when it is in over the trial will judge the word of the police of experience within the MI structure prepare In this sense, the greatest difficulties for response to a provocation or conflict. officer against that of the citizen. In order a detailed positioning plan. These plans point the police in managing the situation are With regard to the statements in the previous to establish beyond doubt that the police out several key elements: what the route of when tension escalates – both between the paragraph, we would like to point out the officer had exceeded his or her powers, his or the protest will be, which the security zones protesters themselves and between them and question of cases when an official from the her colleagues would have to testify against will be, respectively, and how many police the police, when protesters act aggressively MI system has been sanctioned for exceeding him or her, and the former would not testify officers should be placed where, what their against the law enforcement officials due to against a colleague who is a defendant, not tasks will be, i.e. specific allocation by numbers the misconception that the police officers are 40 This is also the direction of the operational officials’ only because of professional ethics, but also and positioning of the available staff. The plan there to also protect them from inciters who opinion: if during the protests in 2013 police powers were exceeded, this was often also due to the fact that police because of the very real possibility that such also shows, depending on the movement of officers had had to stand for days on end around the actions would lead to them being “expelled” the protest, when and how traffic should be Parliament’s fences and on duty. They were not allowed to use their due paid annual leave. They were not given an from the respective police unit or them being suspended, how it should be directed and opportunity to see a psychologist in order to vent all the “abandoned” during field operations. who is in charge of that. stress accumulated upon them as that link “between a rock and a hard place.” 41 The opinion of an interviewed police officer.

- 40 - - 41 - For the police, the security measures and for coordinating the event is that it takes actions undertaken by them are entirely too much time and is obscure, since the proportionate – they stick to the letter and procedure postulated by law is a notification spirit of the law and in this sense, observe the one, and this meeting leads to the conclusion powers granted to them by the MIA, ARMA that holding the protest needs to be allowed. and the other special laws43. In this respect, However, the prevailing opinion is that they do not think that the security actions and law enforcement authorities do not exceed procedures undertaken by them are excessive their powers. “Nobody has prevented us (beyond what is necessary) or insufficient, but from going anywhere. It is the people who that they are proportionate and that the police escalate the tension, not the MI units.” Only respond and act in accordance with what must LGBT organizations state that they have be done in the specific case and circumstances. difficulties when working with the police If force needs to be used to take someone in two directions: reluctance on behalf of out of the gathering or to deal with a conflict MI units to guard their events in particular, that has arisen, they adapt the measures to be and the possibility that it is at their events undertaken in accordance with the specifics of in particular where escalation of tension and the cases.44 riots are probable (provoked by neonazi and nationalistic factions). According to the interviewed police officers, the law enforcement authorities recognize The need of video recording as a preventive and respect the right of citizens to fully and measure is confirmed – both for the security freely express their opinion and position and of the protesters and for the police officers to objectify them in accordance with the ways in the event of extreme incidents. The feeling provided for by law. Their feeling is that their of senior police authorities is that media “Protesters often view police officers not as guards of the public order, but as their security operations are not overprotective coverage of protests is always NON-objective. enemies who do not recognize or share their cause and message, and so do not fight and, with view of the high number of protests They focus on cases of conflict and present for them. In most cases, the police pay the highest price (being a scapegoat) due to taking place in Sofia, they believe that the way mainly extreme incidents. Very often they the absurd situation – on the one hand, they are called upon to observe the rules and order is preserved corresponds to the manner even distort the actual role of police officers laws made by the National Assembly to guard public order, which is why the police of the protest – extreme incidents are not and present them as violators of citizen rights are entrusted with specific obligations and powers to use force when necessary, but allowed and are removed quickly. who use an unjustified degree of force – and on the other hand, when there are provocations or violations and the police officers those are actually the cases when the police have to carry out their legal duties, sometimes even having to resort to force in order The organizers’ assessment of the procedure for visiting the law enforcement authorities had had to interfere using force in order to to restore peace and order, they are branded by the protesters, citizens and media prevent further violence and restore order and as “the villains” who violated citizen rights and used repression. And the nature of 43 “MIA – this is our supreme law, it is our legislation… security, according to the police officers. police work is such that it needs to benefit everybody.42” Everything depends on the protest – everything written down in MIA is enforced when necessary…,” from an In view of the collected information, MI officers interview with a MI employee. who take part in guarding events under ARMA 44 According to interviewed MI employees, the problem 42 According to regulatory acts, the duties of police units during a protest are also related to protecting the rights and freedoms receive preliminary instructions on each of the citizens and preserving their life, health and property. In practice, however, according to interviewed MI employees, the of training and qualifications of staff within the system is police have to guard not the citizens, but the protest itself, or the building before which the protesters have gathered, or state significant. In the past 10 years these have been reduced case separately, and a specific assessment progressively, reaching the stage where in the past 3 years representatives, and thus, instead of protectors of the citizens, the police officers often turn into bodyguards and a tool in the hands of the required gear. The interviewed law of those in power. the mandatory qualification courses for staff within the MI system have not been carried out at all, which additionally enforcement representatives confirmed exacerbates the problem of lack of qualified staff.

© Anastas Tarpanov - 42 - - 43 - that during protests there are cases when The feedback received from interviews with Organizers are firm that in most cases the undercover police officers take part and are journalists from national online media shows media cover the protests in a tendentious on the watch for suspects among the crowd that when covering protests and reporting manner, do not follow the whole development and potential presence of inciters who create from the field, the media encounter no serious of the event (the reason for holding it, how it tension on purpose. There is no regulatory problems with the law enforcement authorities was organized and held and what happened framework which explicitly sets out the and representatives of other competent as a result). Thus, according to organizers, the algorithm of actions to be undertaken by the institutions. On the contrary, the media shared media help create the feeling that protests law enforcement authorities during an event that they always get the full cooperation of the are isolated incidents in the capital (as the city under ARMA. They are assigned their main security authorities, so they can freely cover the with the highest number of protest activities) duties under the Ministry of Interior Act as ongoing events without being disturbed. The of people with free time to waste on the street, protectors of the public order against riots. interviewed journalists shared that restriction and this is an obstacle to creating an adequate This is why there is no clear information in of access for journalists to the location of image of protests in the ordinary citizen and what cases and circumstances the police may protests is extremely rare (and if there had to awakening his or her civic consciousness. suspend citizen protests, whether there are been one, it was to protect the life and health On the other hand, it has to be noted that preliminary trainings how the police should of the journalist in question), not to mention representatives of women’s organizations carry out their duties during protests, whether being arrested or incarcerated. According (which organized the protests supporting they always wear their distinctive markings as to them, tension and conflict situations are the ) view the media law enforcement authorities, and whether the most often created by protest participants as a sympathizing party in their initiatives. former bear their names. who impede the journalists’ field work with According to them, the media in Bulgaria hooligan behaviour against the journalists or are feminized, which significantly facilitates Media and protests the equipment they are using. both contact with them and work on causes In Bulgaria the media – national and The most powerful and significant role such as the one for ratification of the Istanbul regional television and press media, radio, nowadays is that of social networks widely Convention. This view is not shared by LGBT online media – can freely attend and fully used by protest organizers to attract followers organizations whose invitations to cover their cover ongoing protests. Anybody working and participants on the one hand, and on the events are usually turned down by the media. professionally as a journalist with a specific other, to cover up-to-date information, photo media, or who is an amateur journalist, can and video materials. There is a percentage of film with a video or photo camera, cover or protest organizers who do not rely on online hold interviews both with protest organizers activity since they know that significantly less and participants, and with authorized law people will come in person. enforcement officials, without any regulated Most protest organizers do not view the restrictions or prohibitions in this direction – media as a partner in holding events under neither at the legislative level, nor at that of the ARMA. Although they note their role secondary legislation. In recent years, a trend as a significant participant in the process (a can be observed for the latest information and channel of information which reaches every video clips from protests to be freely covered citizen in Bulgaria and not just stakeholders by amateur journalists on the social media, and participating parties), protest organizers without any possibility for censorship. believe that the media are only interested in sensational news and covering it live.

- 44 - - 45 - VI. Criminalization of Protests

In terms of certain conduct in violation of the In addition to an administrative offence, the right to freedom of peaceful assembly, the law law also provides for criminalization of provides for administrative penalty liability for certain actions, related to implementing the the offenders. For example, the Assemblies, right to peaceful assembly. Paragraph 2 of Rallies and Marches Act postulates imposing the Additional Provisions of the ARMA refers an administrative penalty of a fine in the to the new section VIII of Chapter III of the amount of 50 to 300 leva on citizens and officials Special Part of the Criminal Code (CC). This who violate the procedure and guarantees for is the section containing Article 174а, which organizing and holding assemblies, rallies or states: marches, unless they are subject to a more Article 174а. (New - SG, v. 10 of 1990) (1) A serious penalty (Article 14 of the ARMA). In person who, through violence, fraud, threats or other words, in the event that the organizer of in another illegal way, breaks up or impedes the an assembly, rally or march does not submit holding of an assembly, rally or march under the notification for holding an event under the the Assemblies, Rallies and Marches Act, shall ARMA as required by law, this would represent be subject to incarceration of up to two years. an offence of an administrative nature. In (2) An organizer who holds prohibited or addition, on a local level, municipal ordinances continues to hold a suspended assembly, rally envisage imposing administrative sanctions or march in violation of Articles 12, para 3, related to either mass public events not and 13, para 1 of the Assemblies, Rallies and regulated by law, or applicable to assemblies, Marches Act, shall be subject to incarceration of rallies and marches but specifying the amount up to one year. of the fines or property sanctions (some of them correspond to the limits set by the law, In Article 174а, Paragraph 1 of CC, two acts are but others fall outside those)45. Penal rulings criminalized, related to an attempt to thwart are issued by the mayor of the municipality the implementation of the right to freedom and can be appealed under the Administrative of peaceful assembly – “breaking up” and Offences and Sanctions Act. creating “obstacles” to holding an assembly, 45 For example, in an Ordinance for protection of municipal rally or march. In other words, Paragraph 1 property and the public of Blagoevgrad Municipality, the represents a guarantee for implementing the sanctions envisaged are from 100 to 500 leva.

© Anastas Tarpanov - 46 - - 47 - right in the event of an attempt to thwart it by CASE STUDIES – EXAMPLES “with a click”. This allows large masses of outside interference. Paragraph 2 criminalizes OF EMBLEMATIC PROTESTS people to be informed immediately after acts under two possible hypotheses in which submitting the notification for holding a the organizers of an event under the ARMA ORGANIZED IN BULGARIA IN 2018 protest in the respective municipality and are in violation of this Act, namely, holding a to self-organize straightaway. At the same prohibited or continuing a suspended event. In 2018 Bulgaria was overtaken by a powerful time, a significant percentage of people is “Prohibited” is an event under ARMA, which wave of civil protests, which became emblematic observed who freely express their views the mayor of the municipality has suspended examples of the culture of protesting and and comments on the social media and on the grounds of his authority under Article expressing a community position from the confirm that they will take part in the “the assembly, rally or 13, Paragraph 1 because squares against the injustices in the state organized protests, but do not actually manifestation have not been organized or are governance and adopted policies. For the attend them on site (Protests in defense of not being held under the terms and conditions” purposes of this analysis, we have focused National Park Pirin - #SAVE PIRIN, Protests of ARMA. In this sense, as can be seen from and monitored the development of 6 of the of the mothers with the black T-shirts the text of Article 174а, Paragraph 2 of CC, not largest-scale protests and counterprotests under the slogan “The System is Killing submitting a notification can be interpreted held in 2018 which covered the territory of Us”). as grounds for indicting the organizers of an almost the whole country. Some of them • The trend is being established for event under ARMA. were a continuation of civic reactions and regularity and persistence (for many of The CC provides for incarceration of up to 2 intolerance to specific social, economic and the participants this is a prerequisite for years in the event of implementing the factual environmental issues in the country which success) in holding the protests (every day, content of Paragraph 1 of Article 174а, and up developed over time and erupted in 2017 or every week, every month) until a reaction to 1 year – for being in violation of Paragraph even earlier. is obtained and/or the citizens’ demands are met by the competent institutions 2 of the same Article. The analysis of the observed protests and and persons – the National Assembly, From the point of view of enforcement of counterprotests which seriously moved the Council of Ministers, individual the above penal and administrative penal Bulgarian society in 2018 gives us grounds to ministers, etc. Until any kind of reaction sanctions in the event of violation of the law, it make the following important conclusions: is obtained, more often than not, protests is evident from the court practice described in • Following the large-scale protests in 2013 are not suspended (Protests in defense of this analysis that the most frequent sanctions against the Cabinet of Plamen Oresharski, National Park Pirin - #SAVE PIRIN, Protests imposed are fines. There are also cases of citizens today are exercising their right of the mothers with the black T-shirts application of the penalty norm of CC46 by the to peaceful assembly more and more under the slogan “The System is Killing court. confidently to voice their civil position Us,” Counterprotests of the nationally on socially significant topics. To a large representative organizations of people extent, the social network Facebook has with disabilities against the Personal facilitated exercising this right through the Assistance Act and for a fair social and possibilities it provides – protest organizers healthcare reform). can quickly and easily create events • When a series of protests is organized, on Facebook, thus disseminating the 46 Judgment No. 147 of 15.06.2011 of RC – Rouse under with time the initial demands are modified information about upcoming protests and case file No. 846/2011, confirmed with Judgment of and enriched with new, additional 3.11.2011 of DC – Rouse under case file No. 475/2011; their message and invite Facebook users Judgment of 1.09.2010 of RC – Popovo under case file No. demands after each protest. When protest 128/2010. to take part in the protest demonstrations

- 48 - - 49 - actions are held systematically, protesters • When political actors or famous figures at the beginning of this report,47 made by innovative methods of expressing their often vary the forms of holding the stand behind specific protests or become Deputy Prime Minister Valeri Simeonov, stand (within a specific event). assemblies and the ways of expressing the face of protest campaigns, protests illustrates a specific type of public speech, their message – through processions, quickly become both the subject of which has developed as a tendency – peaceful demonstrations, silent vigil, relay political discussions and debates between using from the political tribune belittling running, tent camps (Protests in defense opposing political parties and leaders, and and discrediting connotations towards the of National Park Pirin - #SAVE PIRIN, the reason for division of society. Thus, protesting citizens in order to stigmatize Protests of the mothers with the black when a specific political leader or famous their protesting acts. Consequently, T-shirts under the slogan “The System figure expresses publicly their support citizens’ intolerance to such conduct by is Killing Us,” Counterprotests of the for the message of a specific protest, the a deputy prime minister was transformed nationally representative organizations of media interest is focused and directed into a mass protest with which the citizens people with disabilities again the Law on almost entirely on this protest. In this demanded the immediate resignation of Personal Assistance and for a fair social way socially significant and important Valeri Simeonov. 28 days later, he handed and healthcare reform). topics are easily driven out of context it in. • Since no official and publicly available (Counterprotests against the ratification of • In conclusion, despite the lack of official statistics is being kept, the media do not the Istanbul Convention, Counterprotests statistics, we can say that in Bulgaria, it is work with objective data about the number in support of a second cabin lift in Bansko evident in recent years that “protesting” of people who take part in individual and in support of the management plan is a common way of expressing a civil protests or their profile – social status, age, of NP Pirin, Protests of the mothers with position. Administrative obstacles are gender. This is why journalist materials and the black T-shirts under the slogan “The relatively few and fragmented in practice, reports almost always lack even tentative System is Killing Us”). so we cannot conclude that this right is numbers which could provide an idea of • The protest of the mothers of children not exercised freely and democratically. the scale of the protests covered. The most with disabilities which became famous Rather, there is disappointment from “the frequent approach is to generalize the throughout the country managed very effect.” In comparison to 2013, when there number of protesters as “tens,” “hundreds,” quickly to generate a powerful civil energy were stronger political attacks against “thousands”, without an objective and turn into one of the largest scale the protesters (terms were introduced in confirmation of this information being protests in Bulgaria for 2018, attracting political speech, such as “protester guys,” possible. In some cases, some unethical followers and associates who had not had “yellow-pavement guys,” “Sorosoids”), media speculate with the scale and quote a position on the topic of the social system at present (2018) it can be said that such unrealistic numbers, either exaggerating or and policies for people with disabilities stigmatizing and propaganda waves have belittling them. (Counterprotests against before that. This protest also gave rise not pushed people away from exercising the ratification of the Istanbul Convention, to controversial opinions among the this right, but rather, have made them Protests in defense of National Park Pirin - community to what extent and how public focused on gathering and demonstrating #SAVE PIRIN, Protests of the mothers with acts of citizens in the form of peaceful on a larger scale and including more

the black T-shirts under the slogan “The assemblies, the aggressiveness of the 47 “… a group of shrill women who wanted to capitalize System is Killing Us,” Counterprotests of messages, communication of events, on their children, manipulating society, bringing these – presumably sick – children out in the scorching sun and in the the nationally representative organizations their effect and others can be politically rain, without a hint of a motherly feeling of care for them…,” of people with disabilities against the manipulated. In addition to these Valeri Simeonov, Deputy Prime Minister for the Economic Personal Assistance Act and for a fair social important questions, the statement quoted and Demographic Policy in the Third government of , on occasion of the protest of mothers of children and healthcare reform). with disabilities in 2018

- 50 - - 51 - • VII. Recommendations

The study of the active regulatory framework that “Sofia Municipality issues a letter of and practical application of regulations agreement in response to the notification, governing the right to freedom of peaceful which should be received in person by the assembly of Bulgarian citizens has led to applicant or an authorized person.” In this conclusions for legislative discrepancies and respect, all municipal administrations, as contradictory practice by state and local competent authorities that should take the authorities. Based on the analysis carried out, lead in acting, should review their specific we can make the following recommendations notification sample forms and bring them for improving and perfecting the regulatory in compliance with the requirements framework, policies and practices regarding of the law, as well as make them as the exercise of the right to freedom of peaceful simple and clear as possible so as not to assembly in Bulgaria: create an opportunity for interpretation, With regard to the application of the legislation circumvention or violation of the law. and regulatory framework at the local level (in the respective ordinance on public order), we can observe four negative aspects on which we provide specific recommendations for improvement below: • First, the lack of a standard sample form of the notification for holding a specific event to the mayor of the respective municipality creates an opportunity for introducing dishonest administrative practice and interpretation to circumvent the notification regime established by law. An example is the notification sample published on the web page of Sofia Municipality, which contains the footnote

- 52 - - 53 - © Emil Metodiev • Second, in order to facilitate as much (ordinances on internal procedures), so into compliance with legal requirements as possible the exercise of the right to that it is clear to citizens what they should established generally for all types of mass peaceful assembly by all citizens, it is do step by step. public acts at the local level – some regulations recommended to provide the possibility • Fourth, at the interviews we held with seem to be providing only for the events for access to and submission of the protest organizers, we established that the which do not fall under the scope of the notifications to mayors electronically. A first come, first servedrule is being misused ARMA, but this is not always explicitly worded, significant improvement in the practice when there are applications for holding two sometimes the hypotheses listed include cases of municipal administrations would be events at the same time and place or on of “processions, open petitions,” meaning the if sample forms were accessible and at a the same route. The person we interviewed regulatory framework at the local level is not visible position on the web page of every gave examples with organization of events precise and clear in terms of what its scope Bulgarian municipality. On the other by LGBT organizations (for example, is. In addition, local regulation needs to be hand, a significant facilitation in view of the the Sofia Pride). When submitting a unified as much as possible because very often administration of notifications, observing notification in the municipality, it turns organizers of one and the same protest hold legal deadlines and the submission out that other organizers (including it in different municipalities and the different of notifications itself would be the organizations promoting obviously rules pose difficulties to their activity and are introduction of a unified electronic system homophobic messages) have “booked” also demotivating. where citizens could easily and quickly, the venue or route for several consecutive through any device, notify the competent days or even consecutive weekends. authorities about the upcoming event. Another example is the submission of a • Third, there is no explicit regulation notification by these same homophobic of the coordination procedure with organizations for holding a protest at the municipal department of law a venue or along a route immediately enforcement authorities. On the parallel to that of the LGBT organizations, one hand, the established practice of which in itself represents serious grounds mandatory preliminary coordination of for potential disturbance of public order. the event under the ARMA with the police In this respect, we believe that abuse of destabilizes the notification regime set the right to peaceful assembly should be out in the legislation. The impression is avoided when the exercise of this right aims created (often maintained by the municipal solely and entirely to infringe another’s administration) that after all the police right to hold an assembly, rally or march. or the municipality “allows” the holding This recommendation is targeted to all of the assembly, rally or march. On the stakeholders – national, local authorities other hand, we note the necessity for law and private parties, which are interested enforcement authorities to coordinate in and related with the application of the with the organizers the route, venue and legislation and regulatory framework at maintenance of public order. In this respect, state and local level and which are stated we propose to the competent municipal in paragraph IV above. authorities that an explicit regulation of Towards the municipal authorities - Bringing the coordination procedure is introduced the local secondary legislation and practices in the relevant local regulatory acts

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- 58 - © Anastas Tarpanov The right to free assembly is an indispensable element of democracy and a healthy civil society. Recent years have seen a new era of mass protests, but also a significant increase in practical restrictions on the right in Western Balkan and Eastern Partnership countries. The European Center for Not-for-Profit Law (ECNL) supports its network of local partners (in Albania, Armenia, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Macedonia, Moldova, Montenegro, Kosovo, Serbia and Ukraine) to monitor local laws, observe protests, report challenges and engage in the legal reform process to protect and promote this fundamental right. This year’s monitoring reports build on previous efforts and explore issues that are of relevance for all the participating countries. Accordingly, beyond the legal framework, the reports also look at the role of civil administration, policing, criminalization of protesters, as well as the overarching issue of accountability manifesting in all of these aspects.

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