24
AL-NASHIF v. BULGARIA JUDGMENT
in the conservation of the national and cultural values and traditions” (see
paragraph 39 above).
B. The Court's assessment
1. Whether there was “family life” within the meaning of Article 8 of
the Convention
112. The existence or non-existence of “family life” is essentially a
question of fact depending upon the reality in practice of close personal ties
(see K. and T. v. Finland [GC], no. 25702/94, ECHR 2001-VII, § 150).
Nevertheless, it follows from the concept of family on which Article 8 is
based that a child born of a marital union is ipso jure part of that
relationship; hence, from the moment of the child's birth and by the very
fact of it, there exists between him and his parents a bond amounting to
“family life” which subsequent events cannot break save in exceptional
circumstances (see the Berrehab v. the Netherlands judgment of 21 June
1988, Series A no. 138, p. 14, § 21, the Hokkanen v. Finland judgment of
23 September 1994, Series A no. 299-A, p. 19, § 54, the Gül v. Switzerland
judgment of 19 February 1996, Reports 1996, § 32, and
Ciliz v. the Netherlands, no. 29192/95, §§ 59 and 60, ECHR 2000-VIII).
Insofar as relations in a couple are concerned, “family life” encompasses
families based on marriage and also de facto relationships. When deciding
whether a relationship can be said to amount to “family life”, a number of
factors may be relevant, including whether the couple live together, the
length of their relationship and whether they have demonstrated their
commitment to each other by having children together or by any other
means (see the Kroon and Others v. the Netherlands judgment of
27 October 1994, Series A no. 297-C, pp. 55-56, § 30, and the X, Y and
Z v. the United Kingdom judgment of 22 April 1997, Reports 1997-II,
§ 36).
113. In the present case, in 1992 Mr Al-Nashif and Mrs Saleh came
together to Bulgaria from Kuwait as a married couple and have apparently
been regarded as such for all purposes. Two children were born to them in
1993 and 1994. Although Mr Al-Nashif contracted a religious marriage with
another woman, Ms M., that marriage had no legal effect in Bulgaria.
Further, there is no decisive evidence supporting the Government's
allegation that Ms M. and the first applicant lived together in Smolyan. In
any event, Ms M. stayed in that town less than a year. Mr Al-Nashif
continued living in Smolyan with his wife, Mrs Saleh, and their two
children until the moment of his arrest in 1999 (see paragraphs 11 and 14-20
above).