8
AL-NASHIF v. BULGARIA JUDGMENT
39. On 30 June 1999 the Passport Department filed an objection with the
Sofia City Court against its ruling of 28 June 1999 and submitted
“certificate” no. 2701/30.6.99 which stated that Mr Al-Nashif
“had committed acts against the national security and the interests of the Republic
of Bulgaria, consisting in unlawful religious activity on the territory of the country
encroaching on the national interests and the rights of the religious, ethnic and
minority groups in the conservation of the national and cultural values and traditions”.
40. On 1 July 1999 the Sofia City Court, sitting in camera, reversed its
ruling of 28 June 1999 and rejected the first applicant's appeal against
Order no. 63552. The court noted that the Passport Department had certified
that Mr Al-Nashif had committed acts against national security. The court
also noted that the Passport Department had classified these acts as falling
with the scope of Section 10 (1)(1) of the Aliens Act. It followed that
Order no. 63552 concerned issues of national security and was not subject
to judicial review.
41. Counsel for the first applicant learned about the rejection of
Mr Al-Nashif's appeal on 26 July 1999. On 28 July 1999 she appealed to the
Supreme Administrative Court. These proceedings ended by judgment of
the Supreme Administrative Court of 4 April 2000, which found that orders
issued under Section 40 (1)(2) in conjunction with Section 10 (1)(1) of the
Aliens' Act were not subject to appeal and need not be reasoned. They
should merely state the legal provision on which they were based.
2. Appeals against detention
42. On 17 June 1999 the first applicant's lawyer appealed to the Sofia
City Court against his detention. She relied on Article 5 § 4 of the
Convention. On an unspecified date the President of the Sofia City Court
ruled that the appeal was inadmissible.
43. On 19 June 1999 counsel for the first applicant complained to the
competent prosecution authorities against the detention of Mr Al-Nashif and
stated that she had been refused access to her client. On 27 July 1999 the
competent prosecution authority dismissed the appeal. It found that the
police had acted within their powers.
3. Appeals against Order no. 504
44. On 18 June 1999 counsel for the first applicant appealed to the Sofia
City Court against Order no. 504 (the deportation and detention order).
Counsel stated, inter alia, that the first applicant's appeal against the
revocation of his residence permit (against Order no. 63552) was still
pending, that he had never sought to abscond and that he had reported
voluntarily to the Smolyan police station when summoned. She again relied
on Article 5 § 4 of the Convention and Article 13 of the International