4
AL-NASHIF v. BULGARIA JUDGMENT
16. In February 1995 the first applicant contracted a Muslim religious
marriage with a Ms M., a Bulgarian citizen. Under Bulgarian law that
marriage has no legal effect.
Ms M. lived in Sofia with her mother. During an unspecified period of
time Mr Al-Nashif supported them financially.
It is undisputed that after the religious marriage with Ms M. the first
applicant continued living with Mrs Saleh and their children in Sofia.
17. At the end of 1995 he and Mrs Saleh, together with their children,
moved to Smolyan, a town of about 34,000 inhabitants in Southern
Bulgaria, some 300 km away from Sofia. There the first applicant ran a
butcher's shop and beverages production unit until his deportation in July
1999. Between November 1998 and April 1999 he also taught Islamic
classes.
18. At the beginning of 1996 Ms M. followed the first applicant to
Smolyan, where she stayed several months in an apartment rented by him.
She often joined Mr Al-Nashif during his business trips to towns in
Bulgaria.
The first applicant stated that while in Smolyan he had continued living
“on a permanent basis” with his wife Hetam Saleh and their two children,
the second and the third applicants. He submitted copies of two affidavits,
made in June 2000 by his wife, Mrs Saleh, and by his sister-in-law, the wife
of his brother, who had resided in Bulgaria since 1998, both confirming that
Mr Al-Nashif lived in Smolyan with Mrs Saleh.
In a statement made on 19 January 2001 at the request of the
Government for the purposes of the hearing in the present case, Ms M.
stated that the first applicant had lived with her in Smolyan.
19. Ms M. apparently suffered from a mental disturbance. In December
1996 she was hospitalised in a psychiatric clinic. Thereafter she did not
return to Smolyan and stayed in Sofia.
20. Throughout 1997 the first applicant visited Ms M. in Sofia. Their
relationship ended in early 1998.
B. The revocation of the first applicant's residence permit
21. On 14 January 1999 a police officer in Smolyan reported to his
superiors (see paragraph 63 below) on Mr Al-Nashif's religious activities.
On an unspecified date in 1999 the Regional Prosecutor's Office
(окръжна прокуратура) in Smolyan opened file no. 18/99 which was later
transmitted to the police.
The local police in Smolyan, by a report of 18 March 1999 to the Identity
Papers and Passport Regime Department (Направление “Документи за
самоличност и паспортен режим”) of the National Police Directorate at
the Ministry of the Interior (“the Passport Department”), proposed that the
first applicant's residence permit be revoked.