ECLJ: "Exceptional" Religious Freedom Victory: European Court Rules Against Bulgaria

(Strasbourg, France) The European Centre for Law and Justice (ECLJ) said today it was very pleased by an unanimous decision by the European Court of Human Rights (ECHR) ruling that Bulgaria violated the religious freedom of the Holy Synod of the Bulgarian Orthodox Church.  The ECLJ, along with Lachezar Popov, represented the Holy Synod in its legal battle over religious freedom in Bulgaria.

The ECHR held unanimously that there had been a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights by Bulgarian authorities.

"This is certainly one of the most important religious freedom cases of the past decade - an exceptional victory for religious freedom," said Grgor Puppinck, ECLJ representative.  "We have never seen, since the end of communism, such a massive repression of religion by a government.  We thought those days were over and we're greatly pleased with the unanimous decision of the ECHR.  The focus now is to find a practical and financial solution for the dozens of priests and the thousands of Christians who were evicted from their places of worship in 2004."

The application filed with the ECHR denounced multiple and grave violations of human rights at the hands of the Bulgarian government aimed at the "anti-communist" section of the Bulgarian Orthodox Church (the "Holy Synod").  In July 2004, the government, based on the Bulgarian Law on Religion, known as the "Religious Denominations Act 2002", took possession of all church properties of the Holy Synod:  107 properties - including churches, monasteries, and other church-related buildings.  During the seizures, police at times forcefully removed clergy and lay people by dragging them out of the buildings, causing injuries.  The clergy who lived in the properties were left homeless with no possessions.  All documentation relating to property deeds and work contracts for the clergy were confiscated by the government.  Since 2004, Holy Synod clergy have been barred from receiving unemployment benefits and health care.  Some church members were also criminally charged and were forced to surrender their passports.

In its case before the ECHR, the Holy Synod argued that Bulgaria violated Article 9 (freedom of thought, conscience and religion) of their Convention rights.  In addition, they argued that they had not had access to court, had been deprived of their property and had not had effective remedies in respect of their Convention rights, in breach of Articles 6 (right to a fair hearing), Article 1 of Protocol 1 (protection of property) and Article 13 (right to effective remedy).
 
The European Court of Human Rights, in its decision, held the Government can not justify the excessive acts that had occurred in the present case, namely the suppression of the applicants' activities as an alternative leadership within the Church and their expulsion from temples, monasteries and other Church premises.  Among its critics against the Bulgarian actions, the Court criticized the "Religious Denominations Act 2002" itself and the fact that hundreds of clergy and believers were evicted from their temples in July 2004 without a proper legal basis.  That had amounted to an intervention by the prosecutors and the police in a private law dispute which should have been examined by the courts.
 
The ECHR has stated that Bulgaria violated the freedom of religion of the Holy Synod, but refused to take a position over the leadership dispute itself.  This leadership dispute, and consequently, the issue of Church proprieties should have been discussed before the national courts.
 
A settlement has to be negotiated now on the damages issue.

You can read the ECHR decision here.

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights in the 48 member States of the Council of Europe.
 
The European Centre for Law and Justice (ECLJ) is an international law firm focusing on the protection of human rights and religious freedom in Europe and worldwide.  The ECLJ is affiliated with the American Center for Law and Justice (ACLJ) which focuses on protecting religious freedom in the United States. Attorneys for the ECLJ have served as counsel in numerous cases before the European Court of Human Rights.  Additionally, the ECLJ has special Consultative Status with ECOSOC of the United Nations, and is accredited to the European Parliament.