4
AUAD v. BULGARIA JUDGMENT
place him in detention pending the carrying out of that measure. In support
of the proposal he said that the applicant was a member of Usbat al-Ansar,
which he described as a Sunni terrorist organisation acting in close
cooperation with Hamas, Jund al-Sham, Ansar Allah and others (see
paragraphs 54, 59-61 and 78 below). The applicant was alleged to have
taken part in “wet jobs” for the organisation and in the assassinations of
more than ten members of a Palestinian political party; he was being sought
by the Lebanese authorities in connection with that. He was a relative of one
of the leaders of Usbat al-Ansar. The available information showed that the
applicant followed strictly the organisation’s ideas and would unhesitatingly
follow the orders of its leaders. This had been confirmed by partner security
services. It had also been established that the applicant kept contacts with
two asylum seekers who were known to adhere to a terrorist organisation
active in Ain al-Hilweh. One of them had been implicated in the killing of a
member of a Palestinian political party and kept close contacts with Usbat
al-Ansar and Fatah al-Islam (see paragraph 65, 72, 74, 78 and 81 below).
All of that showed that the applicant by reason of his previous and current
activities presented a serious threat to the national security of Bulgaria, and
that his presence in the country discredited it as a reliable partner in the fight
against international terrorism.
15. On 17 November 2009 the head of the State Agency for National
Security made an order for the applicant’s expulsion. He also barred him
from entering or residing in Bulgaria for ten years, “in view of the reasons
set out in [the above-mentioned] proposal and the fact that his presence in
the country represent[ed] a serious threat to national security”. The order
relied on sections 42 and 44(1) of the Aliens Act 1998. No factual grounds
were given, in accordance with section 46(3) of the Act (see paragraph 33
below). The order further provided that it was to be brought to the attention
of the applicant and was immediately enforceable, as provided by
section 44(4)(3) of the Act (see paragraph 34 below).
16. Concurrently with that order the head of the State Agency for
National Security made an order for the applicant’s detention pending
deportation (see paragraphs 42 and 43 below). He reasoned that the
information featuring in the proposal showed that the applicant would try to
prevent the enforcement of the expulsion order, and accordingly directed
that the detention order should be immediately enforceable. He also
instructed the immigration authorities urgently to take all necessary steps to
enforce the expulsion order.
17. On 20 November 2009 the applicant was arrested and placed in a
special detention facility pending enforcement of the expulsion order. He
submits that when brought there he was informed about the two orders
against him but was not given copies of them.
18. On 19 May 2011, in view of the impending expiry of the maximum
permissible period of detention pending deportation – eighteen months (see