AL-NASHIF v. BULGARIA JUDGMENT
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...[A] Mr Daruish Auni, Syrian national, preaches to some of the inhabitants in [a]
neighbourhood [in Smolyan].
He disseminates Arab literature and offers aid: money, as well as [sacrificial] meat,
Kurban. There exist indications that audio cassettes with religious content are being
distributed and that people listen to them in their homes.”
64. The first applicant categorically denied the allegation that he had
offered money or any other incentive to encourage attendance at his
religious courses.
(f) The “information note” of the National Security Service
65. After the hearing on the admissibility and merits of the case the
Government submitted an “information note” issued on 19 January 2001 by
the National Security Service, apparently for the purposes of the
proceedings in the present case. The note reiterated the allegations
submitted by the Government as regards Mr Al-Nashif's religious activities,
including Ms M.'s contention that he had been receiving money from abroad
“in suitcases full of USD 100 bills”.
II. RELEVANT DOMESTIC LAW AND PRACTICE
A. The Constitution
66. Article 120 provides:
“(1) The courts shall review the lawfulness of the administration's acts and
decisions.
(2) Physical and legal persons shall have the right to appeal against all
administrative acts and decisions that affect them, save in the cases expressly specified
by Act of Parliament.”
B. The Administrative Procedure Act
67. This law establishes general rules concerning the delivery of, and
appeals against, administrative decisions.
According to Sections 33-35 and 37, all administrative decisions are
subject to judicial review except, inter alia, those “directly concerning
national security and defence”.