AL-NASHIF v. BULGARIA JUDGMENT
31
Article 9 of the Convention. He also complained that in violation of
Article 13 in conjunction with Article 9, he had not had an effective remedy
in that regard.
Article 9 provides:
“1. Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief, in
worship, teaching, practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such
limitations as are prescribed by law and are necessary in a democratic society in the
interests of public safety, for the protection of public order, health or morals, or for the
protection of the rights and freedoms of others.”
140. The first applicant submitted that his teaching and all his religious
activity had been lawful and had never involved any endorsement of
violence or extremist views. The allegation that he endangered national
security had been absurd and arbitrary. In reality the authorities had sought
to put an end to his religious activities. The aim of the deportation, as
admitted by the Government, had been precisely to prevent the first
applicant from practising his religion in Bulgaria. There had therefore been
an interference with his Article 9 rights. Referring to his arguments under
Article 8 of the Convention (see paragraphs 104 and 105 above), the first
applicant maintained that that interference had been unlawful and not
necessary in a democratic society.
141. The Government stated that there had been no interference with the
first applicant's right to teach religion. His deportation had not been a
reaction against his religious classes - which had been lawful - but had been
based on the assessment that his religious activities had constituted a thread
to national security. Furthermore, Mr Al-Nashif had voluntarily abandoned
teaching after service of the deportation order and would not be able to
restart as new instructions issued by the Chief Mufti Office after his
deportation prohibited religious instruction by persons lacking appropriate
religious education. The Government further stated that religious freedoms
in Bulgaria were guaranteed and that the authorities strictly adhered to the
principle of non-intervention in the internal affairs of religious communities
and regularly allowed visits by foreigners coming to teach religion.
142. Having found that Mr Al-Nashif's deportation constituted a
violation of the right of all the applicants to respect for their family life
within the meaning of Article 8 of the Convention and that they did not
have an effective remedy in that regard contrary to Article 13 of the
Convention, the Court considers that it is not necessary to determine
whether the same events contravened Article 9 of the Convention taken
alone and in conjunction with Article 13.