AL-NASHIF v. BULGARIA JUDGMENT
5
22. On 19 April 1999 the Passport Department issued an order
(“Order no. 63552”) revoking the first applicant's permanent residence
permit. The order stated that it was based on Section 40 (1)(2) and Section
10 (1)(1) of the Aliens Act (Закон за чужденците), which provide for the
revocation of the residence permit of a foreigner who poses a threat to “the
security or the interests of the Bulgarian State” (see paragraph 68 below).
No further details were mentioned. The order was transmitted to the
Smolyan police with the instruction to inform the first applicant and to
allow him 15 days to leave the country.
Order no. 63552 was served on the first applicant on 27 April 1999. He
was not given any additional information.
23. On 30 April 1999 two national newspapers, Duma and Monitor,
published articles explaining that the first applicant did not have permission
to teach the Muslim religion, that he had taken part in an unauthorised
religious seminar in 1997 and that he was linked to “Muslim Brothers”, a
fundamentalist organisation.
24. In May and June 1999 the local Muslim religious leader in Smolyan
and the Chief Mufti of the Bulgarian Muslims filed with the Ministry of the
Interior and with other institutions letters supporting the first applicant.
They confirmed that Mr Al-Nashif had been teaching with their
authorisation, and in full conformity with Article 21 § 5 of the Statute of the
Muslim religious denomination, which in turn had been approved by the
Council of Ministers. The Chief Mufti also stated that the police in Smolyan
had made defamatory statements to the press, falsely portraying
Mr Al-Nashif as a dangerous terrorist connected with a fundamentalist
organisation. The local Muslim religious leader in Smolyan stated, inter
alia, that the measures against Mr Al-Nashif constituted “a demonstration
of, and incitement to, anti-Islamic and xenophobic tendencies”.
25. In May 1999 the first applicant requested and obtained a certificate
that he had never been convicted of a criminal offence. He needed the
certificate in order to apply for Bulgarian citizenship.
C. The first applicant's detention and deportation; subsequent
developments
26. On 9 June 1999 the National Police Directorate issued
Orders nos. 503 and 504 for the first applicant's deportation, his detention
and his exclusion from Bulgarian territory.
27. Order no. 504 provided that the first applicant was to be deported
based on Section 42 of the Aliens Act. It was further ordered that, in
accordance with Section 44 (4) of the Aliens Act, the first applicant was to
be placed at the Adults' Temporary Placement Centre (Дом за временно
настаняване на пълнолетни лица) in Sofia. Order no. 504 finally stated
that pursuant to Section 47 (1) of the Aliens Act the decision was not