Bulgarian Government plans to appeal EU Court

The Bulgarian Government is exploring the possibility of appealing against a ruling made by The European Court of Human Rights (ECHR) on 22 January 2009, after it found the government guilty of violating the religious freedom of over one hundred Bulgarian Orthodox Priests, Bishops and lay-workers.

According to the ECHR the violation of Article 9 of the European Convention on Human Rights took place when the Bulgarian Government officially sided with one faction in an internal church dispute and attempted to force the dissident priests to recognise the authority of the state appointed Patriarch Maxim.

The ECHR has given the Bulgarian Government three months to make a payment of eight thousand Euros plus tax to compensate six individual applicants and Metropolitan Innokentiy for loss of earnings and damage to church buildings.

The Court also asked the Bulgarian Government and the plaintiffs to attempt to reach a settlement, which could be in the hundreds of millions of Euros, regarding the larger issue of 107 confiscated churches and other buildings and unpaid wages and benefits for all the clergy and support staff who had lost their jobs as a result. If no decision is reached within three months from the date of the court ruling, the ECHR will rule on a settlement.

Following the January ruling, the Bulgarian Government declared that it was seriously considering appealing the ECHR decision and publicly invited leaders of Orthodox Churches in Russia and other neighbouring countries to Bulgaria, in an apparent effort to place sideline pressure on the members of the Alternate Synod to renounce their right to compensation and to recognise the authority of Maxim.

Lawyers working on the case told Christian Solidarity Worldwide (CSW) that they do not believe the High Court will admit an appeal.

Over one hundred Bulgarian Orthodox Priests and Bishops were violently thrown out of their churches five years ago after they refused to recognise the authority of the Patriarch Maxim appointed by the Communist Regime in the 1970s. Many of them have been living in difficult circumstances ever since, as some were barred from taking other employment or receiving state benefits.

After the fall of Communism in Bulgaria, the Orthodox Church split with some clergy backing Metropolitan Innokentiy and others recognising Patriarch Maxim, who refused to step down.

Stuart Windsor, National Director of CSW said: “Despite the positive ruling from the ECHR it still appears the Bulgarian Government is staunchly unwilling to admit its clear violations of religious liberty, as set out in Article 9 of the European Convention on Human Rights. CSW strongly condemns any pressures being placed on leaders to sway the outcome of this case, and we urge the Bulgarian Government to find a reasonable solution regarding compensation payments forthwith”.