FOURTH SECTION
DECISION
AS TO THE ADMISSIBILITY OF
Applications nos.
40047/04 et al.
by Raina PANTUSHEVA and
Others
against Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 5 July 2011 as a Chamber composed of:
Nicolas Bratza, President,
Lech
Garlicki,
Ljiljana Mijović,
Sverre Erik
Jebens,
Päivi Hirvelä,
Ledi
Bianku,
Zdravka Kalaydjieva, judges,
and
Lawrence Early,
Section Registrar,
Having regard to the applications listed in the appendix,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
II. RELEVANT DOMESTIC LAW AND PRACTICE
COMPLAINTS
THE LAW
I. PRELIMINARY ISSUES
II. JOINDER OF THE APPLICATIONS
III. ALLEGED VIOLATION OF ARTICLE 9 OF THE CONVENTION
“1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.”
A. The six months’ time-limit
1. The parties’ submissions
2. The Court’s assessment
B. The Court’s decision concerning the complaints of eight hundred and thirteen applicants under Article 9
1. The parties’ submissions
(a) The Government
(b) The applicants
2. The Court’s assessment
“The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
...
(c) for any other reason established by the Court, it is no longer justified to continue the examination of the application.
However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.”
IV. ALLEGED VIOLATIONS OF ARTICLES 6 AND 13 AND ARTICLE 1 OF PROTOCOL NO. 1
A. The parties’ submissions
1. The Government
2. The applicants
(a) Submissions of all applicants with the exception of Mr Yordan Stoykov
(b) Submissions of Mr Yordan Stoykov
B. The Court’s assessment
“The Court notes that the six individual applicants did not allege that they had a proprietary interest of any kind in the temples, office buildings or other property over which the applicant organisation had lost control as a result of the events complained of. In so far as the applicants claimed that they had suffered a loss of income, the Court notes that none of them has clarified the dates and surrounding circumstances of any termination of their functions. In so far as the applicants may be understood to be claiming that they felt unable to continue to perform their functions, and thus lost income, as a result of the fact that the State forcibly imposed on them leaders whom they did not accept as legitimate, the Court considers that this statement only concerns alleged damage resulting from the violation of Article 9 found in this case and does not disclose a violation of Article 1 of Protocol No. 1 to the Convention. Furthermore, the Court finds that the assertion by the six individual applicants that they could not turn to the civil courts to seek the determination of their own civil rights and obligations is not supported by convincing arguments... [T]he complaints of the six individual applicants that the events at issue violated their rights under Article 6 of the Convention or Article 1 of Protocol No. 1 are unsubstantiated and must be rejected as unproven.”
V. APPLICATION OF RULE 43 § 4 OF THE RULES OF COURT
“When an application has been struck out, the costs shall be at the discretion of the Court. ...”
For these reasons, the Court unanimously
1. Decides to join the applications;
2. Decides to strike out of its list of cases the complaints under Article 9 of the Convention of all applicants, with the exception of Mr Sarnov and Mr Shopov (applications nos. 38332/05 and 14973/08);
3. Declares the remainder of the applications inadmissible;
4. Holds
(a) that the respondent State is to pay the applicants the following amounts in respect of costs and expenses, to be converted into Bulgarian levs at the rate applicable at the date of settlement:
(i) EUR 6,000 (six thousand euros) to the eight hundred and eleven applicants represented by Mr L. Popov, plus any tax that may be chargeable to the applicants;
(ii) EUR 800 (eight hundred euros) to Mr Y. Stoykov, to be paid directly into the bank account of his legal representatives, Mr M. Ekimdjiev and Mrs K. Boncheva, plus any tax that may be chargeable to Mr Y. Stoykov;
(b) that if settlement has not been made upon the expiry of three months from the date of notification of the decision, simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Lawrence Early Nicolas
Bratza
Registrar President
APPENDIX
Applications introduced on 1 November 2004 :
|
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|
Application No |
Names of applicants |
1 |
40047/04 |
|
2 |
40092/04 |
|
3 |
40176/04 |
|
4 |
40179/04 |
|
5 |
40187/04 |
|
6 |
40194/04 |
|
7 |
40199/04 |
|
8 |
40208/04 |
|
9 |
40212/04 |
Georgi Galev - metropolitan (passed away, heirs wish to pursue the complaints) |
10 |
40215/04 |
|
11 |
40235/04 |
|
12 |
41081/04 |
Georgi Velikov - priest |
13 |
41114/04 |
|
14 |
41161/04 |
Georgi Iliev - priest |
15 |
41163/04 |
Dimitar Yanev - priest |
16 |
41290/04 |
|
17 |
41338/04 |
|
18 |
41342/04 |
|
19 |
41348/04 |
|
20 |
42105/04 |
|
21 |
42112/04 |
|
22 |
42118/04 |
|
23 |
42125/04 |
|
24 |
42129/04 |
|
25 |
42134/04 |
|
26 |
42156/04 |
|
27 |
42157/04 |
|
28 |
42202/04 |
|
Application introduced on 11 January 2005 :
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||
|
Application No |
Names of applicants |
29 |
2044/05 |
|
Application introduced on 6 January 2005:
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||
|
Application No |
Names of applicants |
30 |
2176/05 |
Yordan Stoykov - bishop |
Applications introduced on 22 December 2004:
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|
Application No |
Names of applicants |
31 |
3713/05 |
|
32 |
25729/09 |
|
Application introduced on 6 October 2005
|
||
|
Application No |
Names of applicants |
33 |
38332/05 |
Stoyan Sarnov - priest |
Application introduced on 27 February 2008
|
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|
Application No |
Names of applicants |
34 |
14973/08 |
Georgi Shopov - priest |