AL-NASHIF v. BULGARIA JUDGMENT 1 In the case of Al-Nashif v. Bulgaria, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of: Mr G. RESS, President, Mr L. CAFLISCH, Mr J. MAKARCZYK, Mr I. CABRAL BARRETO, Mr V. BUTKEVYCH, Mr J. HEDIGAN, Mrs S. BOTOUCHAROVA, judges, and Mr V. BERGER, Section Registrar, Having deliberated in private on 25 January 2001 and 30 May 2002, Delivers the following judgment, which was adopted on the last-mentioned date: PROCEDURE 1. The case originated in an application (no. 50963/99) against the Republic of Bulgaria lodged with the Court on 15 September 1999 under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). The application was initially submitted by five applicants. Following the partial decision of 16 December 1999 rejecting the complaints of two of the applicants, the remaining applicants are Mr Daruish Al-Nashif, a stateless person born in 1967 (“the first applicant”), and Abrar and Auni Al-Nashif, the first applicant's children, who were born in 1993 and 1994 respectively and have Bulgarian nationality (“the second and the third applicants”). The second and third applicants applied to the Court through their mother, Mrs Hetam Ahmed Rashid Saleh, the wife of Mr Al-Nashif. 2. The applicants were represented by Mr Y. Grozev and Mrs K.Yaneva, lawyers practising in Sofia. The Bulgarian Government (“the Government”) were represented by their Agent, Mrs G. Samaras, Ministry of Justice. 3. The applicants alleged that the first applicant did not have the right to appeal to a court against his detention and that he had been detained incommunicado (Article 5 § 4), that his deportation had infringed the right of all three applicants to respect for their family life (Article 8), that they did not have an effective remedy in this respect (Article 13), that the measures against the first applicant were in breach of his right to freedom of religion and that he had not had an effective remedy in this respect (Articles 9 and 3). In the initial application the applicants also raised complaints under Articles 5 § 1, 6 and Article 1 of Protocol No. 1 to the Convention.