Special Rapporteur Questionnaire on the rights to freedom of peaceful assembly and of association

Bulgaria

A. Right to freedom of peaceful assembly

1a) Describe positive legislative/institutional measures taken to facilitate the exercise of the right to freedom of peaceful assembly in your country.

The right to freedom of peaceful assembly is enshrined in the Constitution.1 Pursuant to Article 43, para 1 citizens shall have the right to peaceful and unarmed assembly for meetings and manifestations. Article 43, para 2 specifies that the procedure for the organizing and holding of meetings and manifestations shall be established by . According to Article 43, para 3 no notice to the municipal authorities shall be required for meetings held indoors.

The Meetings, Rallies and Manifestations Act 2 sets forth the procedures for organizing and holding peaceful assemblies. Pursuant to Article 4 thereof citizens cannot be prosecuted or punished for organizing and taking part in meetings, rallies and manifestations, or for the opinions, attitudes and positions they express, unless this constitutes a crime or another breach of law.

1b) Provide one or more recent examples where the right to freedom of peaceful assembly in your country has been adequately enjoyed and the reasons for citing this example(s).

2011 saw a lot of protests: of trade unions, railway workers, students. Scientists, grain producers, tobacco growers, environmentalists and even ‘Occupy’ protesters. Protests were held against alleged widespread practice of unauthorized wiretapping by police, high fuel prices, raising the retirement age and shale gas drilling. With the exception of the incidents discussed further, all these protests were carried out without any incidents, be it clashes between protesters and the police or acts of counter-demonstrators.

2a) Describe positive legislative/institutional measures taken to protect peaceful protesters, including against agents provocateurs and/or counter-demonstrators.

Article 6, para 1 of the Meetings, Rallies and Manifestations Act forbids people who are armed, obviously drunk or masked to take part in peaceful assemblies. In addition, people who obstruct the holding of the meeting or rally through their conduct or violate the public order shall be removed from the gathering or meeting (Article 10, para 3). Organisers of the meeting or rally take measures to ensure that public order is respected during the meeting or rally (Article 9, para 1). With respect to manifestations, the mayor together with the organisers ensures public order and road safety (Article 11, para 2). Participants in the

1 Constitution of the Republic of , in force as of 13 July 1990, last amended 6 February 2007. 2 Gatherings, Meetings and Manifestations Act, in force as of 2 February 1990, last amended 26 March 2010.

1 meeting or rally are obliged to follow the organisers’ instructions regarding respect of the public order (Article 10, para 2).

Violations of the organised assemblies are punished by a fine (BGN 50 to 300), if not subject to more severe punishment. Those fines may be appealed under the Administrative Violations and Sanctions Act. Disruption of a meeting, rally or manifestation by force, fraud, threat or in any other illegal way is criminalized by the Penal Code (Article 174a, para 1). The envisaged punishments is imprisonment of up to two years. The organizer of a rally or meeting who holds disrupted assembly is also liable and may be punished by imprisonment of up to one year (Article 174a, para 2).

2b) Provide one or more examples where peaceful protesters were effectively protected.

• Pride 2011 took place in June under enhanced security protection. A nationalistic procession planned for the same day was banned by the Sofia mayor (outdoor meetings and manifestations are subject to a permission by the mayor issued two and three days before the event or in exceptional cases – 24 and 48 hours in advance respectively).

• On the occasion of incidents with participants in the pride after the event and outside the protected area, the Ombudsman sent a letter to the speaker of the National Assembly and the prime-minister recommending that offences against the person and discriminatory acts where homophobia is the main motivation be criminalised. The Ombudsman noted that the Penal Code does not provide for legal protection in case of hate crimes motivated by . Currently the Bulgarian Penal Code does not outlaw promoting and inciting or violence based on sexual orientation.

• In another case, acting upon a signal in relation to a planned ‘ Anti-gipsy protest ’, the Ombudsman notified the Prosecutor General and the Sofia mayor that the organizers of the protest clearly incite to racial discrimination and hatred. The mayor did not allow the protest to take place.

3) Describe measures taken to ensure that any restrictions on the free exercise of the right to freedom of peaceful assembly are in accordance with your obligations under international human rights law (proportionality test and due process guarantees).

Pursuant to Article 12, para 2 of the Meetings, Rallies and Manifestations Act the mayor may ban a gathering, meeting or manifestation if s/he avails of undisputable data that the assembly in question is aimed at forcible transformation of the constitutionally established public and state system or is against the territorial integrity of the country; or that it endangers the public order; or violates the rights and freedoms of other citizens.

Regarding spontaneous assemblies, pursuant to Article 13, para 1 of the Meetings, Rallies and Manifestations Act the mayor dissolves the assembly if it is not organised under the terms and conditions of the law. As stated above, prior permission by the mayor is required to hold an outdoor assembly.

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Please explain the legal status of spontaneous assemblies.

Spontaneous assemblies are not specifically regulated in the law. They should be considered assemblies for which no prior permission has been granted hence not in compliance with the law.

Article 81e of the Rules on the Implementation of the Ministry of Interior Act specifies the duties of the Specialised Police Forces Directorate in protecting public order, riot control, and protection of particularly important sites and diplomatic missions. Paragraph 2 further provides for their rights to secure places, temporarily stop or divert traffic etc.

Here is one example of spontaneous assembly and the reaction of the police.

• Katunitsa incident

In September 2011, a mini van driven allegedly transporting guests of Roma clan leader Kiril Rashkov, aka Tsar Kiro, ran over and killed 19-year-old Angel Petrov in the southern Bulgarian village of Katunitsa.

The accident caused locals to set ablaze properties of Tsar Kiro. Five people – two young villagers and three policemen were injured. Tensions escalated the next day after people from the village demanded Rashkov’s family deportation from the village claiming the authorities have been protecting the criminal clan for years. About 1,000 bikers joined the protests together with football fans. The police adopted a hands-off policy and abstained from tackling the arsonists, aiming at avoiding further escalation of tensions and potential casualties if the police clashed with the hooligans.

The incident stirred waves of anti-minority protests in major Bulgarian cities in the next few days. Some participants in the rallies chanted anti-Roma and Nazi slogans.

A total of 350 people were arrested during the protests for stirring ethnic hatred. The demonstrations turned into rallies against the "Roma issue" in general, i.e. the status of the Bulgarian Roma communities, which many ethnic see as "privileged" in fields such as taxation, law enforcement and social benefits for "minority integration policies". Rashkov was promptly arrested for issuing murder threats. Bulgarian authorities froze his assets and property during an investigation on tax evasion charges.

The murder and the ensuing clashes caused the UN human rights office and the Committee on Legal Affairs and Human Rights of the Council of Parliamentary Assembly (PACE) to voice grave concern over the anti-Roma rallies in Bulgaria.

"The political leadership must take a strong stance against and ensure that police officers continue to be deployed in sufficient numbers to protect Roma neighborhoods from threats of retribution and harassment," said Rupert Colville, spokesman for the UN High Commissioner for Human Rights.

In a statement PACE expressed concern over what it described as a "wave of anti-Gypsyism" in Bulgaria. The committee called on the Bulgarian authorities at all levels to do their utmost

3 to protect this vulnerable minority from and urged them to react firmly to racist discourse by public officials and tackle hate speech vis-à-vis the Roma.

OSCE ODIHR later praised the Bulgarian government for tackling the situation adequately, in particular its close co-operation with Roma community leaders to avoid ethnic conflicts and further violence.

In October 2011, Roma boys and girls handed out flowers and smiles to passerbies during the so-called "Roma pride'' in downtown Sofia. "We are here to prove that stirring ethnic hatred makes no sense", the Bulgarian National Network for Children which organized the event together with Roma NGOs said.

4a) Describe positive legislative/institutional measures taken to ensure accountability for: i) arbitrary restrictions to hold assemblies

Article 7, para 2 of the Meetings, Rallies and Manifestations Act sets forth space restrictions for holding an outdoor assembly, namely in the security zone around the buildings of the National Assembly, the Presidency, the Council of Ministers and in close proximity to military sites.

In addition, pursuant to Article 12, para 5 of the Meetings, Rallies and Manifestations Act the mayor informs the MoI bodies of any permission or ban to hold an outdoor assembly.

The mayor’s ban to hold a meeting, rally or manifestation may be challenged in the respective administrative court which rules within 24 hours with a final ruling.

ii) arbitrary or excessive use of force by law enforcement officials against peaceful demonstrators

Article 72, para 1 of the Ministry of Interior Act 3 (MoI Act) provides for the conditions of the use of non-lethal weapons by the police in inter alia mass violations of the public order where police duties cannot be performed in another way. Non-lethal weapons are listed in Article 72, para 2 of the MoI Act. The procedures for use of non-lethal weapons are set forth in a Regulation issued by the Ministry of the Interior. 4

In its third periodic report under the ICCPR Bulgaria acknowledged that its legislation relating to the conditions under which law enforcement officials may use potentially lethal force seems to be inconsistent with relevant international standards, which may entail a serious risk to the right to life. Bulgaria referred mostly to cases of arrest and detention of criminals by the police. The present rules, which are set forth in the Ministry of Interior Act, are now under review and will be subject to public discussions in the near future.

iii) violence by agents provocateurs and/or counter-demonstrators

Please refer to section 2a).

3 Ministry of Interior Act, adopted 24 February 2006; last amended 18 October 2011. 4 Regulation No. Із -325 of 7 February 2011 on the use of non-lethal weapons by the police.

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4b) provide one or more examples for each of these situations where such measures have been implemented.

In October 2011 Bulgaria was found guilty by the European Court of Human Rights (ECtHR) in three lawsuits filed by two Macedonian organisations, OMO Ilinden and OMO Ilinden , and by individual members of the two formations. All lawsuits 5 were related to a series of bans issued by the authorities on peaceful rallies of the units in the period 2004 – 2009, as well as the refusal to register OMO Ilinden as a civic organization and OMO Ilinden Pirin as a political party ( this will be discussed in the next section on the right to peaceful association ).

ECtHR found that the right protected by Article 11 of the Convention (right to peaceful assembly) had been violated in three of the cases. The Court held that the bans to rallies constitute disproportionate restrictions to the right to freedom of peaceful assembly, even if it is taken for granted that OMO Ilinden preaches separatist ideas through peaceful means.

Most of the assemblies had in fact taken place but certain restrictions were imposed, e.g. as regards their duration, place and manner. Where bans were imposed, those were grounded on the organisation’s unregistered status, a serious threat to public order, and propaganda against Bulgaria’s sovereignty and territorial integrity. In the opinion of the Court those reasons had been advanced in breach of Article 11 of the Convention.

5) Describe positive legislative/institutional measures taken to build and strengthen the human rights capacity of administrative and law enforcement officials in your country.

Human rights training at the Police Academy: Protection of Human Rights course (30 academic hours) is part of the four-year curriculum in the Police Academy. In addition, the course on Police Protection of Human Rights (10 academic hours) is included in the nine- month initial training for newly appointed police officers.

Additional activities with European partners: • Further to these regular course, in 2010 and 2011 experts form the Ministry of Interior participated in projects of FRONTEX for the elaboration of training manuals for the Border Police on human rights (right to free movement in the Schengen area, human rights and trafficking of human beings). • ‘The European Police and Human Rights’ project is currently being implemented in the framework of the European Commission ‘Prevention of and Fight Against Crime’ Programme. Partners include EU MS police units, Bulgarian HR NGOs, MoI and the Police Academy. The project aims at training a pool of trainers and elaborating a training methodology on policing without discrimination. • ‘Community Policing’ is a joint police co-operation project between the Bulgarian and Dutch police, which was implemented over the period 2008 – 2011. In the framework of the project trainings on the problem-oriented approach for guaranteeing security on local level were carried out. • In March 2011, a Memorandum for Co-Operation between the Ministry of Interior and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) was

5 Applications Nos. 34960/04, 48284/07, 37586/04 and 41561/07 and 20972/08.

5 concluded for joint trainings of MoI officers, the Prosecution and NGOs on the topics of hate crimes. • In the framework of the National Programme for participation of Bulgaria in intergovernmental activities of the Council of Europe seminars are held in the country on “Observing ethical norms of professional behavior, observing the rights of detainees and reduction of police violence”. Other activities are aimed at building partnerships between the police, local authorities and NGOs for preventing police violence, maintaining public order, incl. during sports events, and enhancing traffic safety.

Co-operation between the Ministry of Interior and NGOs - “Civil Monitoring of the Police” project: the project started in 2004 in co-operation with the Open Society Institute. Its main purpose is to build up trust between the police and local communities and to guarantee transparency of the police institution. To that end specially trained volunteers visit without advance warning detention centres and talk with detainees regarding conditions, attitude of the police officers and compliance with procedures, e.g. provision of medical assistance, lawyer’s defence services, interrogation by the police etc. In the period from August 2010 till May 2011 the project was implemented in Sofia, Pernik, Bourgas, Varna, Dobrich, , , Stara Zagora, and Haskovo (the cities with highest crime rate and number of detained persons). A report of the results was delivered to the public in September 2011. On the positive side decrease in the signals for abuse of power compared to data over the 2007 – 2008 period, partial improvement of material and living conditions, police attitudes defined as “polite” and “professional”, etc. were reported. The report also made recommendations related to the access of people with disabilities, provision of administrative services via the Internet, special conditions for admission of crime victims. The recommendations will be considered carefully by the structural units of the Ministry of the Interior and by the members of the Standing Committee on Human Rights and Police Ethics. The project won 2011 Volunteer Initiative prize.

6) Describe recent examples where the right to freedom of peaceful assembly may have not been respected and the reasons for citing these examples. In particular, describe challenges faced in the implementation of , policies or programmes for the promotion and protection of the right to freedom of peaceful assembly in your country. Provide details of any lessons learnt in that regard. Briefly evaluate, in both law and practice, the enjoyment of the right to freedom of peaceful assembly in your country, including by women, individuals facing discrimination or violence because of their sexual orientation and , as well as persons with disabilities, espousing minority or dissenting views or beliefs, and belonging to other groups at risk.

Examples:

• Yehova Witnesses

Five followers of the Jehovah Witnesses were injured in April 2011 in a clash with activists of the nationalist Internal Macedonian Revolutionary Organisation (IMRO) party. The incident happened in the Black Sea city of Bourgas, in front of the Jehovah Witnesses House of Prayer, where IMRO staged a protest rally.

6 Light injuries were reported; furniture and equipment inside the House were damaged and broken. Ten people were arrested – all of them from IMRO, including the party's regional leader. The attackers were football hooligans, IVMRO explained afterwards, stating that the party had intended to stage a peaceful protest.

The Ombudsman reiterated his position that such incidents should not automatically be investigated as acts of hooliganism but competent authorities should also consider signs of hate crimes. The Ombudsman conducted an inspection at his own initiative with the Prosecution Office, the Ministry of Interior and the Bourgas Municipality. The inspection established that no notification had been filed by IMRO on a planned meeting, rally or manifestation with the mayor of Bourgas for the date of Yehova Witnesses’ annual commemoration of the death of Jesus Christ. Regarding police actions, the police intervened adequately and separated the two groups in the conflict. Pre-trial proceedings were initiated and sufficient evidence was collected indicting six persons. Charges were pressed for participating in a crowd for attacking groups in connection with their national or racial belonging and for obstructing by force citizens professing their faith or carrying out rituals and services which do not violate the laws of the country, the public peace and good morals. The Ombudsman is satisfied that his recommendation to investigate offences as potential hate crimes has been followed.

• Sofia Mosque Clashes

In May 2011 supporters of the Bulgarian far right, nationalist, Ataka (Attack) party started a brawl in downtown Sofia, assaulting Muslims during their Friday prayer. The nationalists staged a rally in front of the Sofia's Banya Bashı mosque, protesting the fact it has loudspeakers that sound Muslim prayers in the entire area around it. The Banya Bashı mosque in downtown Sofia is a part of the city's unique "triangle of tolerance", comprising a Christian church and the Sofia Synagogue, which are located within metres of each other in the very centre of the city. As one of the protesters tried to remove a prayer rug from the space in front of the mosque, tension escalated and a fight started between the two groups. Ataka supporters were reported shouting "Bulgaria" and "Turks, get out" and throwing eggs at the praying. The incident has had wider repercussions. Next day Bulgarians flocked to lay flowers at the mosque as a sign of apology. An investigation of Ataka started for stirring ethnic and religious hatred. Parliament adopted a declaration condemning the violence stirred by Ataka. All 127 MPs present at the parliamentary sitting (out of a total of 240) voted in favour of the declaration. Sofia Municipal Council also adopted a declaration stating that such incidents should not be allowed to happen in the future and that Sofia should remain a bastion of ethnic and cultural diversity. Sofia mayor clarified that the permission to hold a rally was issued for an area adjacent to the mosque and it was the organisers’ responsibility to keep the participants within the allowed perimeter. The Prosecution Office initiated pre-trial proceedings for instigating ethnic hatred. The mosque loudspeakers’ volume was subsequently lowered.

7 Evaluation:

The Ombudsman has not established any severe violations of the right to freedom of assembly in either law or practice. In the incidents, which occurred, the competent authorities, including the law enforcement agents, acted adequately. Existing legal restrictions appear to be in compliance with international standards. Regarding OMO Ilinden and the series of cases reviewed by the European Court of Human Rights, it should be reiterated that the issue at hand is of political rather than legal nature. Further efforts are needed to enhance tolerance to minority groups, in particular LGBT community. Criminalising homophobic acts would be a step in the right direction. Awareness activities should also be stepped up.

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B. Right to freedom of association

7a) Describe positive legislative/institutional measures taken to facilitate the exercise of the right to freedom of association by national and international organizations. Are associations free to decide on their objectives, activities and board composition?

Freedom of association is enshrined in the Constitution and further regulated in the Political Parties Act and the Not-for-Profit Legal Entities Act.

Freedom of association is declared a basic principle of the constitutional order in Article 12 of the Bulgarian Constitution from 1991. Civic associations and trade unions however may not proclaim political aims or carry out political activities – only political parties may do so (Article 12, para 2 of the Constitution). Freedom of association is furthermore enshrined as a basic constitutional right in Article 44 of the Constitution.

Currently there are 177 political parties and 9,308 not-for-profit legal entities (including branches of foreign persons) registered in the country.

7b) Provide one or more recent examples where the right to freedom of association has been adequately enjoyed.

In the framework of the presidential elections held in the country in 2011, there were some speculations that the application for registration of one of the candidates, Mrs Meglena Kouneva (independent; elected by a nomination committee), could be rejected. Pursuant to Article 93, para 2 of the Constitution, one of the eligibility criteria for president is that the candidate must have lived in the country during the five years preceding the election. In the period from 2007 to 2009 Mrs Kouneva was European Commissioner and was residing in Brussels most of the time.

The Central Election Committee registered Mrs Kouneva as presidential candidate. The Committee explained that candidates themselves state that they comply with the eligibility criteria in a declaration.

Registrations may be challenged before the Supreme Administrative Court (SAC) by another candidate for president.

8a) Detail the procedures to be followed to establish an association including the legal grounds upon which an application for registration can be rejected. Describe the positive legislative/institutional measures taken to ensure a non-discriminatory, expeditious, easily accessible and inexpensive registration process.

• Political parties Chapter Two of the Political Parties Act 6 (Articles 7 to 20) provides for the procedure to be followed for establishing a political party.

6 In force as of 1 April 2005, last amended 16 December 2011.

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A political party may be established at the initiative of at least 50 persons enjoying suffrage who comprise the so-called nomination committee. The nomination committee endorses a constituent declaration, which is published in a national daily newspaper and a subscription list is opened. Any citizen enjoying suffrage may sign in as a member by handing in a declaration for membership. Within three months after the constituent declaration has been endorsed, a constituent assembly is held to set up the political party. At least 500 citizens enjoying suffrage must attend the constituent assembly, which adopts the party’s statute and elects its management and control bodies. The statute clearly states inter alia the party’s objectives and the means to achieve these; the internal procedures for establishing regional units; membership rules; and the terms and conditions for dissolving the party. The political party is subject to registration with the Sofia City Court which rules within 14 days after holding a public hearing attended by a prosecutor. The court ruling is subject to appeal before the Supreme Court of Cassation, whose decision is final. Court decisions to register a political party are promulgated in the State Gazette.

• Not-for-profit organisations Not-for-profit organisations are governed by the Not-for-profit Legal Entities Act. 7 The Act recognises two main types of not-for-profit organisations: associations and foundations. Not- for-profit organisations are free to set their aims and the means to attain these. From the start they must declare (in their statute) whether they will be working for public or private benefit. Those which opt to work for public benefit are subject to registration with the Ministry of Justice. Not-for-profit organisations may carry out an economic activity but its proceeds must be invested in attaining the aims set. Restrictions in the work of not-for-profit organisations may be provided by law only. Both Bulgarian and foreign nationals are free to establish not- for-profit organisations.

Associations are set up by minimum three persons, respectively seven if they will be working for public benefit. Foundations are established by a unilateral constituent act. The Not-for profit Act provides for minimum requirements regarding the organisation’s statute, bodies (general assembly and board of managers), decision-making procedures, membership, management of property, representation etc. All not-for-profit legal entities must be registered with the respective district court. The law provides for the required data to be presented before court. This court registration is the official act of establishment of a not-for-profit organisation.

• Restrictions to the right to freedom of association Restrictions to the right to freedom of association can be found in Article 44, paragraph 2 of the Constitution, which prohibits activities aiming at violating the country’s sovereignty and national integrity or the unity of the nation; activities aiming at inciting racial, national, ethnic, or religious enmity; or activities violating the rights and freedoms of citizens. Moreover, Article 44 also prohibits organisations with a clandestine or paramilitary structure and organisations seeking to attain their aims through violence. Article 44, para 3 specifies that registration and dissolution of political parties is set for in a law.

7 In force as of 1 January 2001, last amended 5 June 2009.

10 8b) Are there effective remedies in case the registration is denied or delayed? Indicate how many people have pursued these remedies, and the result thereof. Describe the legal status of unregistered or de facto associations.

• Political parties All political parties are subject to registration with the Sofia City Court which rules within 14 days after holding a public hearing attended by a prosecutor. The court ruling is subject to appeal before the Supreme Court of Cassation, whose decision is final. Court decisions to register a political party are promulgated in the State Gazette.

In 2011 some dozen associations had recourse to the Supreme Course of Cassation. All but one of these cases concerned registration of changes made in the management bodies of the parties. Only one case 8 concerned rejected registration of a political party. The Supreme Court provided extensive reasoning, including through reference to the European Court of Human Rights case-law.

• Not-for-profit organisations Not-for-profit public benefit organisations must register with the Central Register of the Ministry of Justice. The registration procedure is free of charge. The Central Register is public. Registration may be denied if the organisation is not registered with the court or if its work contradicts the law. Registrations are denied by communicated or silent rejections (no registration following 14 days of the application), which is subject to appeal under the Administrative Procedure Code. Final rejections are notified to the respective court.

In 2011 there were some 20 cases of NGOs challenging rejected registrations with the Central Register. In most cases the Supreme Administrative Court overruled the decisions of the Ministry of Justice rejecting registration. One case 9 provided for the first time interpretation of the provision of Article 45, para 4 of the Not-for-profit Legal Entities Act, which sets forth grounds for rejecting registration with the Central Register, namely in case the organisation’s activities contradict the law. In the opinion of the Supreme Administrative Court this provision is to be interpreted in the sense that the Ministry of Justice checks compliance of the documents presented before it with the law. However, since the court, in the framework of the court registration proceedings, examines the activities of the organisation as this is one of the circumstances subject to registration, the Ministry of Justice is not entitled to re-examine this circumstance as this would be tantamount to an administrative body reviewing a court decision, a power which the Ministry of Justice does not enjoy.

Unregistered or de facto associations are not provided for by the Bulgarian law.

9) Explain the procedure available to suspend or dissolve an association. Are there effective remedies in case an association is suspended or dissolved? Indicate how many people have pursued these remedies and the result thereof.

8 Ruling No. 102 of 30 June 2011 on case no. 511/2011 of the Supreme Court of Cassation. 9 Ruling no. 324 of 9 January 2012 on administrative case no. 2221/2011 of the Supreme Administrative Court.

11 • Political parties Chapter Five of the Political Parties Act sets forth the rules for suspending political parties. Five are the grounds for suspending a party: (i) a decision for merging the party into another party; (ii) a decision for splitting the party in two or more parties; (iii) a decision for dissolving the party taken according to its statute; (iv) a final decision of the Constitutional Court whereby the party has been declared to contradict the Constitution; and (v) by way of a ruling of the Sofia City Court. The latter, acting upon a prosecutor’s request, may rule to dissolve a party in the following cases: - where the party is consistently violating the Political Parties Act; - in case the party’s activities contradict the Constitution; - in case the party has not, over a period of five years since its court registration, taken part in parliamentary, presidential or local elections; - in case the party has not submitted annual financial reports to the National Audit Office for two consecutive years; - in case the party’s supreme body has not convened more than two consecutive times but at least once over a five-year period and has not registered in court changes in its supreme body.

The Sofia City Court ruling is subject to appeal before the Supreme Court of Cassation, which rules in 14 days by a final ruling promulgated in the State Gazette.

Only one case was reviewed in 2010. The lower court ruling to dissolve a political party on grounds of not submitting annual financial reports for two consecutive years was upheld. No cases pertaining to political parties’ suspension or dissolving were reviewed in 2011.

• Not-for-profit organisations Pursuant to Article 13 of the Not-for-Profit Legal Entities Act, a not-for-profit organisation shall be dissolved if the term for which it has been established has expired or by a decision of its supreme body. It shall also be dissolved by decision of the District Court, acting upon a prosecutors’ or a third interested party’s request, in cases where: - the organisation has not been established in compliance with the procedure set forth by law; or - it pursues activities contrary to the law, public order or good morals; or - it has been declared bankrupt. The court grants six months for removing the grounds for dissolving the organisation. After a decision is issued to dissolve an organisation, it shall be liquidated.

No cases concerning not-for-profit organisations’ suspension or dissolving were reviewed in 2011. One interesting case of 2010 concerned a Bulgarian not-for-profit organisation, ‘Bulgarian Red Crescent’. Acting upon a prosecutor’s request, Targovishte District Court ruled to suspend the organisation on grounds of not being established pursuant to the procedure set forth by law and conducting activity which contradicts the Constitution, laws and good morals. The court found in particular that the organisation contradicted the First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, to which Bulgaria is a party. The organisation in question used as its emblem the Red Crescent emblem. Pursuant to Article 38 of the Geneva Convention (I) and Article 9 of the Statutes of the Red Cross and Red Crescent Movement, in order to be recognised as a National Society of the Red Cross or the Red Movement, a society

12 must be the only Society of the State party to the Convention. According to the Bulgarian Red Cross Act, the Bulgarian Red Cross is the only National Society of the Red Cross Movement.

10) Specify positive measures taken to ensure that any restrictions on the free exercise of the right to freedom of association are in accordance with your obligations under international human rights law (proportionality test and due process guarantees).

On 18 October 2011, in the cases United Macedonian Organisation Ilinden and Others v. Bulgaria (no. 2) (no. 34960/04), Singartiyski and Others v. Bulgaria (application no. 48284/07), United Macedonian Organisation Ilinden and Ivanov v. Bulgaria (no. 2) (no. 37586/04) and United Macedonian Organisation Ilinden – PIRIN and Others v. Bulgaria (no. 2) (nos. 41561/07 and 20972/08), the European Court of Human Rights held, unanimously, that there had been no violation of Article 11 and Article 14 (prohibition of discrimination) as regards the refusal to register United Macedonian Organisation Ilinden – PIRIN as a political party.

Regarding the refusals to re-register UMO Ilinden – PIRIN as a political party, the ECtHR noted that the Bulgarian Supreme Court of Cassation had explained the two refusals to re- register the party with the failure of the party’s founders to comply with the relevant legal requirements. In particular, it had identified shortcomings in the founding declaration and an absence of an up-to-date list of the party’s founding members. The ECtHR was therefore satisfied that the refusals had been lawful.

The ECtHR further noted that despite the fact that a number of politicians, including the Minister for Foreign Affairs and some members of Parliament, had spoken against the party’s registration, there had been no indication that those circumstances had influenced the Supreme Court of Cassation. Therefore, the ECtHR accepted that the refusals had sought to prevent disorder and to protect the rights and freedoms of others.

Under the European Convention on Human Rights, States are entitled to set as pre-conditions for the registration of a political party, the carrying out of certain steps that were not unduly onerous. In the opinion of the ECtHR the Supreme Court of Cassation had clearly spelled out why the formal defects in UMO Ilinden – PIRIN’s formation process could not be remedied during the registration proceedings. Further, UMO Ilinden-PIRIN could still apply for registration if it complied with the applicable legal requirements. Given that the main obstacle to its successful registration in the past had appeared to be the high number of founding members required under the applicable law, namely 5,000, the law has been changed and at present only 2,500 members are required. That had been noted by the Committee of Ministers, the Council of Europe body entrusted with supervising the implementation of the Court’s judgments at national level, in a final Resolution 10 in a previous case which the Court had adopted concerning the party’s dissolution.

As regards the applicants’ third attempt to have the party re-registered, the ECtHR concluded that it had been based on the wrong premise that the party had never lost its legal personality, and had thus been bound to fail. Accordingly, there had been no violation of Article 11.

10 Resolution CM/ResDH(2009)120 regarding Execution of the judgment of the European Court of Human Rights United Macedonian Organisation Ilinden – PIRIN and others against Bulgaria (Application No. 59489/00, judgment of 20 October 2005, final on 20 January 2006).

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11) Indicate under which conditions associations can receive domestic and foreign funds or resources. Are there any specific limitations (including in practice) on receiving funds or resources?

• Political parties

Pursuant to Article 21 of the Political parties Act, political parties finance their work through own resources (membership fees, real estates and donations by natural persons) and a state subsidy. Article 24 prohibits anonymous donations as well as donations and free property or services made by legal entities, religious institutions, foreign organisations (including not-for- profit ones). The state subsidy is provided to parties represented in parliament as well as to those not sitting in parliament but who have passed the 1 pct votes’ threshold. The state subsidy is determined in the annual State Budget Act on the basis of actual votes received in the parliamentary elections. Annual financial reports and pre-election campaigns’ reports are entered in the parties’ public registers. Political parties submit annual financial reports to the National Audit Office. Where a political party has received or spent more than BGN 50,000 over a year, regardless of the source of these resources, it is subject to independent financial audit (Chapter Four of the Political Parties Act on Accountability and Financial Control).

• Not-for-profit organisations

Not-for-profit organisations may qualify for tax exempt status in Bulgaria if they are registered at the Court and in the Central Register and are pursuing public benefit purposes. To qualify for such benefits the organisations need to conduct activities in the field of education, charity, health, development or establishment of spiritual values, civil society, engineering, technology, physical culture, the support of socially vulnerable or disabled, support of social integration and personal advancement or the protection of human rights and the environment. Not-for-profit organisations in Bulgaria are held accountable through reporting and governmental controls. Public benefit organisations have to submit an application for registration at the Central Register with the Ministry of Justice and submit an annual report on their activities to the Central Register by 31 st May each year. The Ministry of Justice shall also be entitled to conduct ongoing control of the organisations and request current information about the circumstances subject to entry in the Central Register. Annual reports (financial and of the activity) of public benefit not-for-profit organisations are public.

According to an assessment of budget subsidies for not-for-profit organisations published by the Bulgarian Centre for Not-for-Profit Law 11 , the state subsidies have increased more than six times over the period from 1999 to 2010, from BGN 1,652,071 to BGN 10,612,600. Direct subsidies are provided to national representative organisations of disabled persons. Since 2005 subsidies are also provided to NGOs on a competitive basis. These subsidies however have decreased from 17 pct from all subsidies in 2005 to 1,5 pct in 2010 or some BGN 150,000.

11 At http://www.bcnl.org/bcnl/www/bg/index.html , the text is available in Bulgarian only.

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12a) Describe positive specific legislative/institutional measures taken to promote and ensure the participation of associations in the decision-making process

Amendments made to the Law on Legal Acts in 2007 specifically envisage the possibility for legal entities and citizens to make legislative proposals. The same law obligates the author of a draft law to publish it, together with the motives to it, at least 14 days prior to submitting the draft law to the competent standing parliamentary committee.

The statutory acts of the executive bodies also envisage the possibility for permanent or ad hoc consultations with NGOs.

Participation of the national associations of people with disabilities is mandatory in the National Council for Integration of People with Disabilities with the Council of Ministers. NGO participation in the Monitoring Committees under the operational programmes co- financed by the EU Structural and Cohesion Funds is also mandatory.

12b) provide one or more examples where such measures have been implemented.

• The National Network for Children is a public benefit not-for-profit organisation which comprises 96 NGOs. It took active part in consultations held on the new draft law for Child Protection. The Network made more than 560 comments and specific proposals to improve the draft law.

• The National Council for Child Protection is a consultative public body with the National Child Protection Agency. Its members comprise deputy-ministers and heads of various public agencies as well as 11 representatives of not-for-profit organisations. The Council has had a major role in streamlining and enhancing the government policy of deinstitutionalisation (moving children out of the institutions and substituting the latter by community-based solutions).

• The National Council for Co-operation on Ethnic and Integration Issues with the Council of Ministers comprises not-for-profit organisations working in the field of ethnic and minority issues (NGOs apply for membership in the beginning of every year). The Council is a permanent body which supports the Council of Ministers in developing and implementing the state policy on ethnic and minority issues. The National Council played a key role in elaborating the Strategy for Roma Integration in the Bulgarian Society 2012 – 2020 and the Action Plan to it.

• The National Council for Trilateral Co-operation comprises the minister of labour and social policy and representatives of the trade unions and employers’ organisations. It is headed by the minister of finance. It takes part in discussing draft laws pertaining to employment, social insurance, budget policy and social aspects of economic restructuring and privatisation. Consultations with and discussions by the Council for Trilateral Co-operation are mandatory prior to adopting amendments or legislation in its area of competence.

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13) Pls. refer to section 5.

14) Describe one or more recent examples where the right to freedom of association may have not been respected and the reasons for citing the example(s). Describe in particular challenges faced with the implementation of laws, policies or programmes for the promotion and protection of the right to freedom of association.

Briefly evaluate, in both law and practice, the enjoyment of the right to freedom of association, including by women, individuals facing discrimination or violence because of their sexual orientation and gender identity, as well as persons with disabilities, espousing minority or dissenting views or beliefs, and belonging to other groups at risk.

In the opinion of the Ombudsman the right to freedom of association is in compliance with the international standards. The existing restrictions are provided for by law and proportionate. Minority groups exercise freely their right to freedom of association (e.g. ethnic and religious minorities, LGBT community, persons with disabilities, etc.). State bodies, both the legislature and the executive, have established good co-operation modalities with NGOs. Some authorities have institutionalised this co-operation on a permanent basis.

15) Indicate any co-operation your country has with the UN and regional HR mechanisms aimed at maximising the promotion and protection of the rights to freedom of peaceful assembly and association.

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