AL-NASHIF v. BULGARIA JUDGMENT
11
55. In her statement to the police Ms M. wrote that the first applicant
had told her that she should believe in Mohamed or burn in Hell, but she
had replied that she loved Jesus Christ. The first applicant had also told her
to dress as a Muslim woman. She further stated that she had read in the
local press about the threat of fundamentalism in Smolyan. She knew that
people with “black briefcases full of 100 dollar notes” were entering
Bulgaria with the purpose of spreading Islam, brainwashing Bulgarians and
waging “Jihad - death to Christians”. She knew that they were using
“bombs, guns, sedatives and other inadmissible means in order to smuggle
into the country illegal [copies of the] Koran, drugs, and more”.
56. The Government submitted a second written statement by Ms M.,
which was made on 19 January 2001 and addressed to the Court, for the
purposes of these proceedings. That statement repeated Ms M.'s earlier
allegations and added that the first applicant had operated with large
amounts of cash, had given charity for the building of mosques and
religious schools and had distributed food and clothes. He had allegedly
made video tapes recording the results of his activities and had sent them to
his benefactors “in the Islamic states”.
(c) Alleged links with fundamentalist organisations
57. The Government stated (in submissions to the Court and through the
“information note” described below) that Mr Al-Nashif had been a
representative of the Islamic foundation Tayba, which had allegedly
continued the activities of the “banned” foundations Irshad and Al Wakf Al
Islami.
Further, Mr Al-Nashif had registered several commercial firms in
Bulgaria and his partners in these firms had included persons who had been
co-ordinators of fundamentalist organisations such as Tayba, Irshad and
El-Manar. Finally, there existed information that Mr Al-Nashif had
performed management and co-ordination functions in the “illegitimate”
Union of Islamic Organisations, Bulgarian branch.
The Government did not provide further details about those
organisations.
58. The first applicant replied that he had never been a representative for
the Tayba foundation which, in any event, as of 2001, was still functioning
lawfully in Bulgaria. It had been registered in Bulgaria in 1995. By
Decision no. 325 of 7 July 1998 the Council of Ministers had authorised the
foundation to engage in religious activities.
The Irshad foundation was not a fundamentalist organisation either. It
had been registered in Bulgaria in 1991 and as recently as 2001 the
competent court had certified that its registration had not been terminated.
The former Chief Mufti, whose election to that post had been registered by
the Government in 1997, was a member of its managing board.