BULGARIA Republic of Bulgaria Republika Balgariya Joined United Nations: 14 December 1955 Human Rights as assured by their constitution Click here Updated 11/04/10
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Sofia
7,148,785 (July 2010 est.)
Boyko Borissov
Prime Minister since 27 July 2009
President and vice president elected on the same ticket by popular
vote for a five-year term (eligible for a second term); election last
held 22 and 29 October 2006
Next scheduled election: 2011
HEAD OF GOVERNMENT
SELECTION PROCESS
Chairman of the Council of Ministers (prime minister) nominated
by the president and elected by the National Assembly; deputy
prime ministers nominated by the prime minister and elected by
the National Assembly; last election: 5 July 2009
Next scheduled election: mid-2013
DECLARATION OF HUMAN RIGHTS
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Bulgarian 83.9%, Turk 9.4%, Roma 4.7%, other 2% (including Macedonian, Armenian, Tatar, Circassian) (2001 census)
Bulgarian Orthodox 82.6%, Muslim 12.2%, other Christian 1.2%, other 4% (2001 census)
Parliamentary democracy with 28 provinces (oblasti, singular - oblast); Legal system is civil law and criminal law based on Roman law;
accepts compulsory ICJ jurisdiction with reservations
Executive: President and vice president elected on the same ticket by popular vote for a five-year term (eligible for a second term); election
last held 22 and 29 October 2006 (next to be held in 2011); chairman of the Council of Ministers (prime minister) nominated by the
president and elected by the National Assembly; deputy prime ministers nominated by the prime minister and elected by the National
Assembly
Legislative: Unicameral National Assembly or Narodno Sobranie (240 seats; members elected by popular vote to serve four-year
terms)
elections: last held 5 July 2009 (next to be held mid-2013)
Judicial: Supreme Administrative Court; Supreme Court of Cassation; Constitutional Court (12 justices appointed or elected for
nine-year terms); Supreme Judicial Council (consists of the chairmen of the two Supreme Courts, the Chief Prosecutor, and 22
other members; responsible for appointing the justices, prosecutors, and investigating magistrates in the justice system; members of
the Supreme Judicial Council elected for five-year terms, 11 elected by the National Assembly and 11 by bodies of the judiciary)
Bulgarian 84.5%, Turkish 9.6%, Roma 4.1%, other and unspecified 1.8% (2001 census)
Prehistoric cultures include the neolithic Hamangia culture and Vinča culture (6th to 3rd millennia BC), the eneolithic Varna culture
(5th millennium BC, Varna Necropolis), and the Bronze Age Ezero culture. The Karanovo chronology serves as a gauge for the
prehistory of the wider Balkans region. Indigenous Thracian and Daco-Getic population, lived on the territory of modern Bulgaria
before the Slavic invasion. Their ancient languages had already gone extinct before the arrival of the Slavs, and their cultural
influence was highly reduced due to the repeated barbaric invasions on the Balkans during the early Middle Ages by Huns, Goths,
Celts and Sarmatians, accompanied by persistent hellenization, romanisation and later slavicisation. The Slavs emerged from their
original homeland (most commonly thought to have been in Eastern Europe) in the early 6th century, and spread to most of the
eastern Central Europe, Eastern Europe and the Balkans, thus forming three main branches - the West Slavs, the East Slavs and the
South Slavs. The easternmost South Slavs settled on the territory of modern Bulgaria during the 6th Century. The ancient Bulgars
belong to the big Iranian ethno-tribal group with origins that can be traced back to the Balhara region in the foothills of the Hindu
Kush mountain range. Ancient Bulgarian language belongs to the Indo-European Languages Group. The Bulgars arrived on the
Balkans in the early 7th century from central Asia, merged with the local romanized and hellenized Thracians and the recently
settled, in 6th century, Slavic inhabitants to form the first Bulgarian state. Swept by the Hun wave at the beginning of the 4th century,
other numerous Bulgarian tribes broke loose from their settlements in central Asia to migrate to the fertile lands along the lower
valleys of the Donets and the Don rivers and the Azov seashore. Some of these remained for centuries in their new settlements,
whereas others moved on with the Huns towards Central Europe, settling in Pannonia. In the 632, the Bulgars, led by Khan Kubrat
formed an independent state, often called Great Bulgaria (also known as Onoguria), between the lower course of the Danube river
to the west, the Black Sea and the Azov Sea to the south, the Kuban river to the east, and the Donets river to the north. The capital
was Phanagoria, on the Azov. By the early 9th century the lands, settled by the Kuber's horde, were incorporated into the First
Bulgarian Empire. During the late Roman Empire, the land of present-day Bulgaria was organised in several Roman provinces:
Scythia (Scythia Minor), Moesia (Upper and Lower), Thrace, Macedonia (First and Second), Dacia (Coastal and Inner, both
south of Danube), Dardania, Rhodope and Hemimont, and had a mixed population of Greeks, Thracians and Dacians, most of
whom spoke either Greek or a Latin-derived language known as Romance. Several consecutive waves of Slavic migration
throughout the 6th and the early 7th century led to a dramatic change of the demographics of the region and its almost complete
Slavicisation. Under Boris I, Bulgarians became Christians, and the Ecumenical Patriarch agreed to allow an autonomous Bulgarian
Archbishop at Pliska. Byzantium ruled Bulgaria from 1018 to 1185, subordinating the independent Bulgarian Orthodox Church to
the authority of the Ecumenical Patriarch in Constantinople but otherwise interfering little in Bulgarian local affairs. In 1185 Peter and
Asen, leading nobles of supposed and contested Bulgarian, Cuman, Vlach or mixed origin, led a revolt against Byzantine rule and
Peter declared himself Tsar Peter II (also known as Theodore Peter). The following year the Byzantines were forced to recognize
Bulgaria's independence. Peter styled himself "Tsar of the Bulgars, Greeks and Vlachs". Resurrected Bulgaria occupied the territory
between the Black Sea, the Danube and Stara Planina, including a part of eastern Macedonia and the valley of the Morava. It also
exercised control over Wallachia and Moldova. In 1393 the Ottomans occupied Turnovo after a three-month siege. It is thought
that the south gate was opened from inside and so the Ottomans managed to enter the fortress. In 1396 the Kingdom (Tsardom) of
Vidin was also occupied, bringing the Second Bulgarian Empire and Bulgarian independence to an end. The Ottomans reorganised
the Bulgarian territories as the Beyerlik of Rumili, ruled by a Beylerbey at Sofia. This territory, which included Moesia, Thrace and
Macedonia, was divided into several sanjaks, each ruled by a Sanjakbey accountable to the Beylerbey. Bulgarian nationalism
emerged in the early 19th century under the influence of western ideas such as liberalism and nationalism, which trickled into the
country after the French Revolution, mostly via Greece. In April 1876 the Bulgarians revolted in the so-called April Uprising. The
strongest reaction, however, came from Russia. The enormous public outcry which the April Uprising had caused in Europe gave
the Russians a long-waited chance to realise their long-term objectives with regard to the Ottoman Empire. Having its reputation at
stake, Russia had no other choice but to declare war on the Ottomans in April 1877. The Treaty of San Stefano of March 3, 1878
provided for an independent Bulgarian state, which spanned over the geographical regions of Moesia, Thrace and Macedonia. As a
result, the Treaty of Berlin (1878), under the supervision of Otto von Bismarck of Germany and Benjamin Disraeli of Britain,
revised the earlier treaty, and scaled back the proposed Bulgarian state. In 1911 the Nationalist Prime Minister, Ivan Geshov,
formed an alliance with Greece and Serbia to jointly attack the Ottomans. In February 1912 a secret treaty was signed between
Bulgaria and Serbia, and in May 1912 a similar treaty with Greece. Montenegro was also brought into the pact. After the Ottomans
refused to implement reforms in the disputed areas, the First Balkan War broke out in October 1912. The allies defeated the
Ottomans. In June 1913 Serbia and Greece formed a new alliance against Bulgaria. The war was now definitely lost for Bulgaria,
which had to abandon most of its claims of Macedonia to Serbia and Greece, while the revived Ottomans retook Adrianople.
Romania took southern Dobruja. In alliance with Germany, Austria-Hungary and the Ottomans, Bulgaria won military victories
against Serbia and Romania, occupying much of Macedonia (taking Skopje in October), advancing into Greek Macedonia, and
taking Dobruja from Romania in September 1916. Upon the outbreak of World War II, the government of the Kingdom of
Bulgaria under Bogdan Filov declared a position of neutrality, being determined to observe it until the end of the war, but hoping for
bloodless territorial gains, especially in the lands with a significant Bulgarian population occupied by neighbouring countries after the
Second Balkan War and World War I. But Bulgaria was forced to join the Axis powers in 1941, when German troops who were
preparing to invade Greece from Romania reached the Bulgarian borders and demanded permission to pass through Bulgarian
territory. Threatened by direct military confrontation, Tsar Boris III had no choice but to join the fascist bloc, which officially
happened on 1 March 1941. There was little popular opposition, since the Soviet Union was in a non-aggression pact with
Germany. During this time (1944-1989), the country was known as the "People's Republic of Bulgaria" (PRB) and was ruled by the
Bulgarian Communist Party (BCP). The BCP transformed itself in 1990, changing its name to "Bulgarian Socialist Party", and is
currently part of the governing coalition government. Bulgaria's Stalinist phase lasted less than five years. In February 1990 the Party
voluntarily gave up its claim on power and in June 1990 the first free elections since 1931 were held, won by the moderate wing of
the Communist Party, renamed the Bulgarian Socialist Party. In July 1991 a new Constitution was adopted, in which there was a
weak elected President and a Prime Minister accountable to the legislature.
Source: Wikipedia: History of Bulgaria
Bulgaria, a former Communist country that entered the EU on 1 January 2007, has experienced strong growth since a major
economic downturn in 1996. Successive governments have demonstrated a commitment to economic reforms and responsible fiscal
planning, but have failed so far to rein in rising inflation and large current account deficits. Bulgaria has averaged more than 6%
growth since 2004, attracting significant amounts of foreign direct investment, but corruption in the public administration, a weak
judiciary, and the presence of organized crime remain significant challenges.
Source: CIA World Factbook (select Bulgaria)
The Bulgarian Socialist Party (BSP) won the first post-communist Assembly elections in 1990 with a small majority. The BSP
government formed at that time was brought down by a general strike in late 1990 and replaced by a transitional coalition
government. Meanwhile, Zhelyu Zhelev, a communist-era dissident, was elected President by the Assembly in 1990 and later won
Bulgaria's first direct presidential elections, in 1992. Zhelev served until early 1997. The country's first fully democratic Assembly
elections, in November 1991, ushered in another coalition government, which was led by the pro-reform Union of Democratic
Forces (UDF) in partnership with the Turkish party Movement for Rights and Freedoms (MRF). This coalition collapsed in late
1992, however, and was succeeded by a technocratic team, put forward by the MRF, which governed at the sufferance of the BSP
for 2 years. The BSP won pre-term elections in December 1994 and remained in office until February 1997, when a populace
alienated by the BSP's failed, corrupt government demanded its resignation and called for new elections. A caretaker cabinet
appointed by the President served until pre-term parliamentary elections in April 1997, which yielded a landslide victory for
pro-reform forces led by the UDF in the United Democratic Forces coalition.
In 2001, former King Simeon Saxe-Coburg-Gotha returned to power, this time as Prime Minister with his National Movement
Simeon II. The last parliamentary elections took place on 25 June 2005.
On July 27, 2005 the Bulgarian Parliament chose Sergey Stanishev of the Bulgarian Socialist Party as the new Prime Minister in a
coalition government with the Movement for Rights and Freedoms. The vote was 120 against 119. However, the parliament voted
against the cabinet's staff by 119 to 117 votes. Finally, on August 15, 2005, the BSP and National Movement Simeon II formed a
stable government, along with the Movement for Rights and Freedoms. This grand coalition comprises the three largest parties. This
coalition will have a large majority in parliament with 169 of the 240 deputies. Bulgaria joined the European Union in 2007.
Source: Wikipedia: Politics of Bulgaria
None reported.
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)
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None reported.
Major European transshipment point for Southwest Asian heroin and, to a lesser degree, South American cocaine for the
European market; limited producer of precursor chemicals; vulnerable to money laundering because of corruption, organized
crime; some money laundering of drug-related proceeds through financial institutions (2008)
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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2009 Human Rights Report: Bulgaria
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
The Republic of Bulgaria is a parliamentary democracy with a population of approximately 7.6 million. Legislative authority is vested in
the unicameral National Assembly (Narodno Sabranie). The country is ruled by a minority government headed by a prime minister.
General elections held in July were deemed generally free and fair but were marred by numerous reports of vote buying and late changes
to the electoral system that were supported only by the previous ruling coalition. While civilian authorities generally maintained effective
control of law enforcement organizations, there were some instances in which law enforcement officers acted independently.
- There were problems with police abuse and mistreatment of pretrial detainees, prison inmates, and minorities;
- harsh conditions in prisons and detention facilities; and official impunity.
- There were some limitations on freedom of the press;
- discrimination against religious minorities;
- pervasive government corruption in the executive, legislative, and judicial branches of government. The new government took
initial steps to address corruption, and progress was made by year's end.
- Other problems included violence against women and children,
- substandard education for Romani children;
- harsh conditions in state-run institutions for children;
- trafficking in persons;
- discrimination against persons with disabilities;
- discrimination against minority groups.
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5 March 2009
COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION
Seventy-fourth session
16 February – 6 March 2009
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on the Elimination of Racial Discrimination
BULGARIA
A. Introduction
2. The Committee welcomes with satisfaction the periodic reports submitted as a single document by the State party and its replies
to the list of issues, as well as the supplementary information provided orally by the delegation. The Committee found it encouraging that
the delegation replied frankly and constructively to the questions and comments raised by Committee members. The Committee
welcomes the high quality of the document submitted by the State party, which was in keeping with the Committee’s guidelines.
B. Factors and difficulties impeding the implementation of the Convention
3. While welcoming the progress made in strengthening democracy and the rule of law in Bulgaria, the Committee is aware of the
efforts the State party must make in particular to strengthen the independence of the judiciary and to eliminate corruption and organized
crime in the country.
C. Positive aspects
4. The Committee notes with satisfaction that, in accordance with article 5, paragraph (4), of the Bulgarian Constitution, the
Convention takes precedence over national law.
5. The Committee welcomes the fact that the principle of equality and non-discrimination contained in article 6, paragraph (2), of
the Bulgarian Constitution of 1991 now features in several national codes and laws.
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Freedom In The World 2010 Report
Political Rights Score: 2
Civil Liberties Score: 2
Status: Free
Overview
A new right-wing government led by Prime Minister Boyko Borisov took office in July following parliamentary elections. Borisov
pledged to combat organized crime and corruption in order to restore European Union (EU) aid funds that had been frozen in 2008. The
EU released some of the aid during 2009, but decided to extend its monitoring mechanism into 2010 amid continued problems with the
judiciary and the handling of high-profile cases.
Bulgaria formally joined the EU in January 2007, and its first elections for the European Parliament in May featured the emergence of a
new center-right opposition party, Citizens for the European Development of Bulgaria (GERB), led by Sofia mayor Boyko Borisov. The
party gained popularity as the BSP and its allies were blamed for unchecked corruption, particularly after the EU decided to suspend
hundreds of millions of dollars in aid funds over the issue in July 2008.
GERB led the European Parliament elections in June 2009, taking 5 of Bulgaria’s 17 seats, and went on to capture 116 of 240 seats in the
national parliament elections in July. Borisov took office as prime minister with the support of the ultranationalist Ataka party (21 seats),
the center-right Blue Coalition (15 seats), and the new Order, Law, and Justice party (10 seats).The BSP-led Coalition for Bulgaria was
left in opposition with 40 seats, as was the DPS, with 38.
The new GERB government pledged to tackle corruption and organized crime, including misdeeds by the previous government, and took
several steps to that end during its first months in office. Meanwhile, the EU released several tranches of frozen aid for transportation
and agriculture over the course of the year, but withheld some of the suspended funds and decided to extend its monitoring of Bulgaria’s
performance into 2010.
The 2009 parliamentary elections were held under new rules enacted less than three months before the voting. The changes created 31
single-member constituencies that varied widely by population, leaving the other 209 seats under the existing system of regional
proportional representation. Vote buying remained a problem, although monitors from the Organization for Security and Cooperation in
Europe (OSCE) found that open discussion of the practice during the campaign helped to alleviate its effects.
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BULGARIA
FAMILIES HAVE NOWHERE TO GO
29 September 2010
At least 200 Roma, including children and elderly people, were left homeless when local authorities forcibly evicted them in September
2009, according to NGOs Equal Opportunities Initiative and Bulgarian Helsinki Committee. Their homes in the Gorno Ezerovo and
Meden Rudnik settlements in the Black Sea city of Burgas were demolished.
Gorno Ezerovo and Meden Rudnik are informal settlements that have existed for more than 50 years. They have public services such as
water, sanitation and electricity. Around 84 Romani households received eviction orders in 2007, based on legislation which allows
houses built without the proper permits to be demolished. The authorities did not engage in meaningful consultation. Some residents
appealed against the eviction orders but without success. Bulgarian national law does not provide for redress in such situations and the
authorities offered no legal aid to residents.
On 8 September 2009, the authorities forcibly evicted 27 families in Gorno Ezerovo and demolished their homes. In the following days,
15 more homes were demolished in Gorno Ezerovo. Some residents dismantled the houses themselves in order to keep building
materials. On 24 September, the authorities forcibly evicted 15 Romani households in Meden Rudnik.
Police oversaw the evictions. In Gorno Ezerovo, police officers reportedly kicked some of the residents and dragged them away.
The authorities have not offered alternative housing, remedies or compensation to any of those who were forcibly evicted. Many moved
in with their relatives in the same area.
Many others remain unprotected from future evictions, harassment, or other threats.
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France: Reject Anti-Roma Bill (including deportation of Bulgarians)
Parliament Should Scrap Problematic Provisions in Draft Immigration Law
September 27, 2010
(Paris) - The French parliament should reject measures in an omnibus immigration bill that appear to target Roma and weaken migrants
rights, Human Rights Watch said today. The National Assembly is due to begin debating the government-sponsored bill on September
28, 2010.
The bill, whose ostensible purpose is to transpose three European Union directives, contains last-minute government amendments that
would widen the grounds for expelling EU citizens to include abusing France's welfare system, profiting from begging by others, and
abusive occupation of land. The timing and focus of the amendments, and statements by government ministers, strongly suggest that
the measure is aimed at the Roma.
"It is shocking that the French government is pushing for measures that clearly target Roma at a time when the European Commission is
threatening legal action over France's expulsion of Roma this summer," said Judith Sunderland, senior researcher on Western Europe at
Human Rights Watch. "It smacks of a populist move at the expense of the most discriminated against and vulnerable people in Europe
today."
Under EU freedom of movement regulations, EU citizens may stay in another EU country for up to three months without conditions.
Long-term stay requires that individuals are employed, self-employed, or have sufficient means to support themselves without becoming
a burden on the host country's welfare system. But the main 2004 EU directive on freedom of movement explicitly states that expulsion
should not be the "automatic consequence of...recourse to the social assistance system of the host Member State."
The bill would also expand powers to expel foreigners deemed to pose a threat to public order, including those liable to prosecution for
certain crimes, including drug trafficking, human trafficking, profiting from prostitution by others, exploitation of begging, certain kinds
of aggravated theft, and abusive occupation of land under the terms of a 2000 law regulating sites for gens de voyage (the French
community known as "travelers").
The EU law on freedom of movement allows removal of EU citizens who represent a "genuine, present and sufficiently serious threat to
one of the fundamental interests of society." This high threshold has been confirmed by the European Court of Justice. In late August, a
court in Lille rejected the French government's argument that living in an unauthorized settlement justified expulsion on public security
grounds.
"Calling organized begging and setting up makeshift homes on public or private land serious threat to public order just plays on fear and
prejudice against Roma," Sunderland said. "Parliament should scrap these provisions."
The immigration bill will be debated against the backdrop of a highly publicized campaign over the summer to dismantle informal Roma
settlements and expel from France Roma from Romania and Bulgaria. According to government figures, 1,700 Romanians and
Bulgarians will have been expelled between July 28 and the end of September. In keeping with a plan to dismantle 300 unauthorized
camps by the end of the year, authorities had evicted Roma from at least 128 camps by the end of August. Throughout last year, only
580 citizens of all other EU countries combined were expelled, according to official statistics.
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NATIONAL REPORT SUBMITTED IN ACCORDANCE WITH PARAGRAPH 15
(A) OF THE ANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 5/1
4 November 2010
II. Introduction
Bulgaria is a Party to the core international instruments on human rights. The present report contains all legislative provisions, judicial,
administrative and other measures enacted and adopted since the democratic changes in the country in November 1989 followed by the
adoption of a new Constitution in 1991.
The report presents the up-to-date developments in Bulgaria’s national legislation and practice relevant to the implementation of the rights
recognized by the UN human rights instruments.
Since the changes in 1989, there has been an ongoing process in Bulgaria aimed at improving further the democratic system. It involves
domestic legislation, judiciary and administrative practices aimed at harmonizing the domestic legislation with the core international
instruments on Human Rights as well as the Council of Europe (CE) conventions in the field of Human Rights and the relevant EU
regulations and directives. Bulgaria withdrew all its reservations related to the international instruments on human rights.
Several parliamentary, presidential and local elections were held in this period. The international community and the Bulgarian citizens
assessed them as free, democratic and fair.
Bulgaria has periodically reported to the UN treaty bodies as required by the respective treaties and has taken into account their
recommendations and observations.
The recommendations taken by the UN international conferences on human rights, such as the Vienna World Conference on Human
Rights and the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, have been given the
closest of attention. The necessary steps have been taken to put them into effect.
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TRANSLATED FROM BULGARIAN BY GOOGLE TRANSLATE
Twenty-one people came to speak with the Ombudsman in his first visiting day
4 November 2010
Twenty-one people came to speak with the Ombudsman in his first visiting day From 9.00 to 13.30 am on 4 November 2010 the
national ombudsman Konstantin Pentchev accepted and heard 21 persons, is to acquaint him with their problems, hoping the public
defender to help them.
Among the visitors were foster mothers of four sailors missing after the sinking in 2004 the ship "Hera", which still waiting to clarify the
truth about the tragedy.
A citizen asked Konstantin Pentchev to push for changes in the Civil Registration Act, as many years as resident identity card in her
home without her knowledge or consent, it is unknown for criminals face. Police repeatedly it is sought in the woman's home, which
creates concerns for her family She is complain to the municipality and the local Police Department, has written letters to the Ministry of
Regional Development, but all institutions replied that the legislation in force There is no mechanism that would allow them to change the
address registration of criminals person designated as a permanent address its housing.
Representative of an NGO called Konstantin Pentchev to urge the government to continue a more active measures to integrate Roma in
the Decade of Roma accession, and to close special schools, where over 90% of Roma children who are perfectly healthy.
Some citizens wanted the Ombudsman to determine why not follow the legal requirement to walk the dogs with muzzles, others urged to
work to eliminate the flat tax, and offer lower prices on the cards for public transportation for people with disabilities.
The Ombudsman will accept citizens every Thursday from 9.00 to 12.00, with people who want to meet personally with the
Ombudsman of the Republic of Bulgaria, can be recorded on tel (02) 81 06 955
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Karanja v. Bulgaria: European Court of Human Rights finds Bulgaria violated right to life
[7 October 2010]
PRESS RELEASE
On 7 October the European Court of Human Rights in Strasbourg delivered a judgement against Bulgaria for violation of the right to life
and the lack of an effective investigation in the case of Karanja v. Bulgaria. It concerns the fatal shooting in 1997 of Peter Karanja by
police officers in Sofia following his escape from a police station.
The applicant, Nadezhda Karandja, is the mother of Peter Robert Karanja.
Charged with theft and driving without a valid licence, Peter Karanja, then 20, was arrested on 5 June 1997 and placed into a police cell
in Sofia, from which he managed to escape the same evening. He was chased by one of the police officers on duty. The chase, which
continued down several streets, was witnessed by three other police officers, neither of whom joined in the effort to stop Mr Karandja.
According to their reports, the police officer chasing Mr Karandja shouted at him to stop and fired a few shots in the air. When Mr
Karandja reached an intersection, the police officer fired in his direction. The bullet hit the back of his head and he fell to the ground. He
died a day and a half later in hospital.
The regional military prosecutor’s office preliminary investigation was discontinued shortly afterwards, holding that the police force had
been used legally. The decision was finally confirmed by the Military Court of Appeal in November 2000, which found that the officer’s
actions had been in line with the police act, and that he had aimed at Mr Karandja’s legs and had shot him in the head only because of the
distance and the speed of the chase.
In its decision, the Court found a violation of Article 2 of the European Convention on Human Rights (right to life) on account of the fact
that Bulgarian legislation allows the use firearms to arrest a suspect, regardless of the seriousness of his or her alleged offence or the
danger which he or she represented. A simple warning was apparently sufficient for the prosecuting authorities and the courts to find
that the use of firearms had been “a means of last resort” within the meaning of the Act. The Court also unanimously held a violation of
the right to life on account of the shortcomings of the investigation into Mr. Karanja’s death.
The Court confirmed its previous conclusion with regard to Bulgaria that the relevant provisions of national law on the use of firearms as
applied by the national authorities are fundamentally insufficient to protect those concerned against unjustified and arbitrary
encroachments on their right to life as they allowed the use of firearms to prevent the escape of detained individuals regardless of the
fact that they posed no threat to life or limb. The court noted that the in the case of Karanja, the shooting that lead to his death had been
unacceptable if there existed a risk that he would escape. The domestic legislation is still not reformed in accordance with these
standards. In respect of the investigation, the Court noted significant shortcomings in the collection of evidence and evaluation of facts,
unjustified delays in the official investigation and the lack of effective involvement of the relatives in the investigation.
The Court held that Bulgaria is to pay the applicant 10,000 euros in respect of pecuniary damage, 25,000 euros in respect of non-
pecuniary damage and 3,300 euros in respect of costs and expenses.
The BHC provided legal aid to the applicant in the proceedings before the Court.
The text of the judgment is available from the BHC website here.
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Georgi Parvanov
President since 22 January 2002
Angel Marin
Vice President since 22 January 2002
None reported.
Simeon Djankov
Deputy Prime Minister since 27 July 2009
Tsvetan Tsvetanov
Deputy Prime Minister since 27 July 2009