6
AL-NASHIF v. BULGARIA JUDGMENT
subject to appeal. Order no. 503 prohibited the first applicant's re-entry on
Bulgarian territory.
The two orders did not state any reasons.
28. They were served on the first applicant on 10 June 1999 in Smolyan,
at the local police station, in the presence of his lawyer. He was not given
further details of the reasons underlying the measures against him. He was
immediately arrested and transferred to the detention centre in Sofia.
29. On the same day the Ministry of the Interior issued a press release
announcing the orders for the first applicant's deportation and exclusion. It
stated, inter alia:
“In 1995 Mr Al-Nashif undertook steps ... with a view to opening an Islamic
religious study centre. That provoked a significant negative public reaction, reflected
in the media, and the interference of the ... State organs prevented the realisation of the
project.
In 1997 an Islamic study seminar was held in Narechenski Bani with Mr Al-Nashif's
active participation. Those activities of the organisers, including Mr Al Nahsif, were
considered unlawful and were therefore terminated by the police. [The organisers and
Mr Al-Nashif] were warned that they could not engage in such activities without
permission and licence as required by law.
In the end of 1998 and the beginning of 1999 it became known that Mr Al-Nashif
was teaching the Koran to ... minors, organised in groups of 10-15 children, with the
financial assistance of the company ...[illegible]. An inquiry was undertaken, which
disclosed that Mr Al-Nashif engaged in activities for which he had no permission or
qualification. Therefore, and under ... the Aliens Act, his residence permit was
withdrawn ... Orders for his deportation and exclusion were issued ... [and] served on
10 June 1999 ... Al-Nashif was transferred to the [detention centre] in Sofia and will
be deported...”
30. The conditions at the detention centre, which is located in the
proximity of the Sofia airport, were equivalent to prison conditions. Inmates
were held permanently behind bars and could leave their cells for a daily
one-hour walk and also for the time necessary to use the toilet, every
morning and evening.
31. Mr Al-Nashif was detained there for 26 days in complete isolation.
Despite numerous requests from his lawyer, human rights groups and
representatives of the Muslim community, no visitor was allowed to meet
him.
32. Following the first applicant's arrest on 10 June 1999 the competent
authorities observed that he was not in possession of a document valid for
international travel. On 14 June 1999 the Passport Department wrote to the
Bulgarian Foreign Ministry requesting its assistance in obtaining of a
laissez-passer from the Syrian Embassy in Sofia. The Syrian Embassy
issued that document on 28 June 1999. On 1 July 1999 the Passport
Department contacted Balkan Bulgarian Airlines.