SECRETARIAT GENERAL SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRETARIAT DU COMITE DES MINISTRES

Contact: Abel Campos Tel: 03 88 41 26 48

Date:

18/10/2013

DH-DD(2013)1124

Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. Meeting: Item reference: 1186 meeting (3-5 December 2013) (DH) Action plan (16/10/2013)

Communication from Bulgaria concerning the case of UMO Ilinden and others against Bulgaria (Application No. 59491/00). ***********

Les documents distribus la demande dun/e Reprsentant/e le sont sous la seule responsabilit dudit/de ladite Reprsentant/e, sans prjuger de la position juridique ou politique du Comit des Ministres. Runion : Rfrence du point : 1186 runion (3-5 dcembre 2013) (DH) Plan d'action

Communication de la Bulgarie relative laffaire UMO Ilinden et autres contre Bulgarie (requte n 59491/00) (anglais uniquement)

DH-DD(2013)1124 : distributed at the request of Bulgaria/distribu la demande de la Bulgarie. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. / Les documents distribus la demande dun/e Reprsentant/e le sont sous la seule responsabilit dudit/de ladite Reprsentant/e, sans prjuger de la position juridique ou politique du Comit des Ministres.

ACTION PLAN
in the Cases of UMO ILINDEN AND OTHERS Application 59491/00 Judgment of 19/01/2006 Final on 19/04/2006

UMO ILINDEN AND OTHERS V. BULGARIA (No.2)

Application No 34960/04 Judgment of 18/10/2011 Final on 18/03/2012

1. Convention violation found Infringement of the freedom of association of an organization which aims to achieve "the recognition of the Macedonian minority in Bulgaria" - refusal to register their association in 1998-99, based on considerations of national security (alleged separatist ideas) when the applicants had not manifested an intention to use violence or other undemocratic means to achieve their aims (violation of Art. 11). 2. Individual measures The compensation awarded in both cases was transferred within a time limit to the applicants account. Awareness-raising measures were adopted in order to ensure that a possible new request will be examined in compliance with the requirements of the Convention (see general measures).

3. General measures a) Awareness raising measures Awareness raising measures have been adopted (training activities, dissemination of the judgment). The European Courts judgment was sent to the Sofia City Court and to the Supreme Court of Cassation with a letter drawing their attention to the countrys obligations under the Convention. The judgment was sent to the Regional Court of Blagoevgrad and to the Sofia Court of Appeal (competent for the registration of associations in the region concerned), together with a letter indicating that this communication is made within the framework of the adoption of the general measures for the execution of the European Courts judgment. In addition, with a view to raising the awareness of the competent authorities, a CD manual, elaborated by the National Institute of Justice, was sent to 153 courts, the same number of prosecutors offices and to 29 investigation offices. The manual contains examples of case-

DH-DD(2013)1124 : distributed at the request of Bulgaria/distribu la demande de la Bulgarie. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. / Les documents distribus la demande dun/e Reprsentant/e le sont sous la seule responsabilit dudit/de ladite Reprsentant/e, sans prjuger de la position juridique ou politique du Comit des Ministres.

law of the European Court in the field of the freedom of association and freedom of assembly, as well as articles, studies and other material relating to these areas. It may be downloaded from Internet, at hhtp://www.blhr.org/bibl.htm Furthermore, several training activities have been organized. A seminar for judges and prosecutors on freedom of association and assembly with the participation of the Council of Europe was organized by the National Institute of Justice in October 2007. Another seminar on this subject, for judges, prosecutors, representatives of the Ombudsmans Office, lawyers and NGOs was organized in December 2007 by the Ministry of Justice and the Department for execution of judgments. Yet another training activity for mayors and police chiefs took place in May 2008. Another seminar for judges and prosecutors was organized by the National Institute of Justice in June 2008. In October 2008 a group of judges from the Supreme Court of Cassation, of prosecutors and of representatives of the Government Agents Office paid a study visit to the Council of Europe during which they participated in a working seminar. b) Publication and dissemination of the judgment The judgment of the European Court was published on the website of the Ministry of Justice http://www.mjs.bg/47, to draw public attention, as well as that of relevant authorities, to the requirements of the Convention in this field. The judgment was also published in the new quarterly journal European Law and Integration, which is published by the Ministry of Justice in 1000 copies and distributed to magistrates and academics (No 2/2006), together with an article analyzing the European Courts conclusions in these cases, as well as the Courts case-law in this field. The judgments in English have been sent to the competent national authorities. The translation of the judgment in Bulgarian has been sent to the competent national authorities. c) Recent developments In proceedings which ended in July 2013, the Bulgarian courts rejected the application for registration submitted by the members of the Board of UMO "Ilinden" to the Blagoevgrad Regional Court, Commercial Division, (l case No 85/2010). The development of the proceedings before the Regional Court of Blagoevgrad, Sofia Court of Appeal and the Supreme Court of Cassation is as follows: On 27.10.2010 the Blagoevgrad Regional Court received application for registration of non-profit organization, submitted by the newly formed association named UMO "Ilinden. The progress of the application proceedings was stayed many times by the court, instructing the applicants to remove the inconsistencies found. Not all circumstances, subject to compulsory registration, were filled in the application - the powers of the associations bodies; the clarification whether the organization will function as an association of public utility or not - due to the controversy found in the application and in the statute; the specification and a clear indication of the purpose and activities of the association in regard to the fact pointed out in the statue, that the association will continue the national struggle for freedom of the Macedonian nation, it will participate in the elections, it will defend political rights, it will protect the Macedonians against the discrimination the policy of the Bulgarian State, which seeks the direct incitement of the national enmity etc. In a decision of 03.02.2012 the Blagoevgrad Regional Court (decision No 15 in case No 85/2010) refused the registration holding that the applicants have not addressed all the deficiencies identified by the court (in the application), although they were presented with the

DH-DD(2013)1124 : distributed at the request of Bulgaria/distribu la demande de la Bulgarie. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. / Les documents distribus la demande dun/e Reprsentant/e le sont sous la seule responsabilit dudit/de ladite Reprsentant/e, sans prjuger de la position juridique ou politique du Comit des Ministres.

opportunity to do that. Moreover, in its reasoning the court stated that the associations objectives were against the security of other citizens of the country and this will lead to the creation of hostile relations between the "discriminated Macedonians" and the rest of the Bulgarian citizens, and that that is contrary to the laws of the country. The Sofia Court of Appeal (SCA) confirmed the findings of the lower court and upheld its decision, finding that the objectives set by the association and the means to achieve them were in controversy with the law and revealing political character, and that was unacceptable for the formation of a non-profit organization. The SCA confirmed also that the objectives of the association were contrary to the unity of the nation as they openly opposed one part of Bulgarian citizens to another part by creating national and ethnic hatred, which was in conflict with the imperative norm of Art. 44, para. 2 of the Constitution. The applicant appealed the decision of the SCA. By Decision No 133/30.04.2013 (in case No 510/2012) the SCC, First division, declared the cassation appeal inadmissible on the grounds that according to the legislation in force, in cases where a judgment of the appellate court on a private complaint against the refusal of entry in the register of non-profit legal persons, the refusal of registration does exhaust the procedure of instance control, and the judgment of the appellate court cannot be appealed to the SCC. The applicant appealed the decision of the SCC with private appeal to a different section of the SCC. By decision No 508/15.07.2013 (in private commercial case No 2571/2013) the SCC, Second Department, upheld the decision of the First Division and, in the absence of a statutory rule governing the procedures of appeal of the decisions of the appellate court held on private appeals against a refusal to register an association (Art. 606 CPP), found the appeal inadmissible. On 20.12.2008 another transitional refusal for registration of a similar association (commercial case No 96/2008) by the Blagoevgrad Regional Court was not appealed by the applicants. In view of the above, the authorities are considering the need for additional general measures to implement the judgments of the ECHR and will provide further information to the Committee of Ministers in due time.