AL-NASHIF v. BULGARIA JUDGMENT
9
Covenant on Civil and Political Rights (ICCPR) and also requested a stay of
execution.
45. These proceedings have not resulted in any decision. On
7 September 1999 the Passport Department filed an answer requesting the
rejection of the appeal. There has been no hearing in the case.
4. Other appeals
46. On 11 June 1999 the first applicant's lawyer complained to the
Ministry of the Interior, the Chief Public Prosecutor (Главен прокурор) and
other institutions. She alleged violations of, inter alia, Article 8 of the
Convention and Article 13 of the ICCPR.
E. Mr Al-Nashif's religious activities
1. Undisputed facts
47. In August 1997 Mr Al-Nashif took part in a religious seminar in
Narechenski Bani. The seminar was attended by several Bulgarian Muslim
religious leaders of national and regional level, including the person who in
November 1997 was elected to the post of, and then registered by the
competent Governmental agency as, Chief Mufti of the Bulgarian Muslims.
At a certain point during the seminar the police arrived, and took away
printed material and videotapes used at the seminar. No relevant criminal
proceedings against any participant at the seminar have ever been brought.
48. In November 1998 the first applicant started teaching religious
classes. They took place every Saturday and Sunday between 4 p.m. and
6 p.m. in the building of the District Muslim Organisation in Smolyan, and
were attended by Muslim children and occasionally by their parents. The
classes were organised together with the board of the Muslim religious
community in Smolyan. On 15 September 1998 the board had invited
Mr Al-Nashif to teach a course in the Islamic religion to children and their
parents. Its decision stated that the first applicant was suitable for the job as
he knew the Bulgarian language and had a good reputation. On 5 November
1998 the District Mufti Office (районно мюфтийство) issued to the first
applicant a certificate stating that he was authorised to preach on the
territory of the Smolyan district in accordance, inter alia, with the Statute of
the Muslim religious denomination in Bulgaria and the decisions of the
Supreme Muslim Council (Висш мюсюлмански съвет). The certificate
was later confirmed by the Chief Mufti of the Bulgarian Muslims.