10
AL-NASHIF v. BULGARIA JUDGMENT
2. Allegations of the respondent Government
(a) Alleged project for the opening of an Islamic study centre in 1995
49. The Government asserted that shortly after his arrival in Smolyan in
1995 the first applicant, together with local Muslims, had sought to organise
an Islamic study centre, that he had rented a house for that purpose, that his
plans had provoked a negative public reaction and that after having
established through an inquiry that the requirements of the Religious
Denominations Act had not been met, the competent authorities had
prevented the realisation of the project. There had been allegedly a danger
that the Islamic centre would propagate extremist views. Mr Al-Nashif had
been orally warned against engaging in unlawful religious activities.
50. In support of the above statement the Government submitted copies
of several newspaper articles and four declarations, one of which was signed
by 65 inhabitants of Smolyan protesting against the opening of an Islamic
centre in town.
The Court notes that the names on the list of those who signed the protest
suggest that it was supported exclusively by persons of Bulgarian ethnic
origin.
51. The Government have not submitted any information pertaining to
the alleged inquiry undertaken by the competent authorities or the
requirements of the Religious Denominations Act that had not allegedly
been met.
52. The first applicant submitted that he had intended to open a
computer training centre, but had abandoned his plans after meeting a
hostile reaction from people who considered that the computer centre would
be a front for religious courses.
(b) Alleged aggressive fundamentalist proselytism
53. The Government alleged that the first applicant had sought to impose
fundamentalist Islam on others through the use of force and threats.
54. In support of that allegation the Government submitted two
statements by Ms M., the person whom the first applicant had married
through a Muslim religious ceremony.
The first statement was written by her on 2 September 1996. On that day
Mr Al-Nashif had locked her up in her room in a hotel where they had been
staying during a trip to Pleven. Ms M. had called the police. She and the
first applicant had been brought to the police station where they had
submitted written statements and had been released. No charges had been
brought against Mr Al-Nashif on that occasion. He submitted that he had
locked the door as Ms M. had been in a depressed state and could have hurt
herself.